N.Y. EXC Law § 102 — New York Code / Act EXC / Article 6 / Section 102
Filing and publication of codes, rules and regulations
Status: in_force

§ 102. Filing and publication of codes, rules and regulations. 1. a.\nNo code, rule or regulation shall become effective until it is filed\nwith the secretary of state, unless a later date is required by statute\nor is specified by such code, rule or regulation.\n  b. Each department, board, bureau, officer, authority, commission or\nother agency of the state, authorized by statute to adopt codes, rules\nor regulations shall transmit to the secretary of state a certified copy\nof every such code, rule and regulation except such as relate solely to\nthe organization or internal management of such department, board,\nbureau, authority, commission or other agency of the state in force at\nthe time of such transmittal or to become effective thereafter,\ncertified by the head of such department, board, bureau, authority,\ncommission or other agency of the state, or if such head is a board or\ncommission, by the chairman or secretary thereof, together with a\ncitation of the statutory authority pursuant to which each such code,\nrule or regulation was adopted.\n  c. Any code, rule or regulation which includes in the text thereof any\nUnited States statute, or code, rule or regulation previously published\nin the code of federal regulations or in the federal register, or any\npreviously published data, criteria, standards, specifications,\ntechniques, illustrations or other information reasonably available to\nregulated parties, shall have set forth in its text a precise\nidentification of such material, including but not limited to:\napplicable titles, dates, editions, page numbers, section numbers, and\nauthors, the names and addresses of the publisher from whom a copy may\nbe obtained, and the designated office or offices of the adopting agency\nat which such material is available for public inspection and copying.\n  d. No amendment to any material identified pursuant to paragraph c of\nthis subdivision shall be effective unless adopted in compliance with\nthe applicable provisions of law and filed with the secretary of state\npursuant to this section.\n  e. The secretary of state shall promulgate rules establishing\nprocedure, forms, style and font for submission of every such code, rule\nand regulation required to be submitted by this section.\n  2. Immediately upon adopting any new code, rule or regulation\nincluding any rule as defined in the state administrative procedure act,\nor any amendment to or repeal thereof, except such as relate solely to\nthe organization or internal management of a department, board, bureau,\nauthority, commission or other agency of the state, the original thereof\nshall be filed in the office of the department of state. Attached\nthereto shall be a certificate, in a form prescribed by the secretary of\nstate, citing the statutory authority including particular sections and\nsubdivisions pursuant to which each such change or new code, rule or\nregulation was adopted, the date of adoption, and the date of\npublication in the state register of the notice required under the\nprovisions of the state administrative procedure act as well as the date\nand manner of publication of any additional prior notice required under\nany other statute. If the action taken shall be exempt from the\nprovisions of the state administrative procedure act and if no other\nstatutory notice requirement shall be applicable the certificate shall\nso state. Such certificate shall be signed by the head of the\ndepartment, board, bureau, authority, commission, or other agency of the\nstate, or if such head is a board or commission, by the chairman or\nsecretary thereof, or, in lieu of such signatures, it may be signed by a\nperson designated by such head or chairman aforementioned, provided such\ndesignation is made in writing, contains therein the signature of the\nperson designated, and is filed with the department of state. The\nsecretary of state shall reject any rule submitted for filing in the\nevent that either the notice required by subdivision five or six of\nsection two hundred two of the state administrative procedure act, or\nthe attached certificate, reveals that the rule was not adopted in\nsubstantial compliance with section two hundred two of such act.\n  3. It shall be the duty of the secretary of state to prepare a master\ncompilation of all such codes, rules and regulations in such form and\norder as he may determine. He shall not, however, change the language of\nany existing code, rule or regulation except a title or explanatory\ncaption; but he shall recommend any such change as he may deem advisable\nto the department, board, bureau, officer, authority, commission or\nother agency of the state authorized to adopt such code, rule or\nregulation. Such master compilation shall include all codes, rules and\nregulations except such as relate solely to the organization or internal\nmanagement of a department, board, bureau, authority, commission or\nother agency of the state, in effect on the first day of January,\nnineteen hundred forty-five, and which he shall certify as a true copy\nof the master compilation prepared by him.\n  4. Publication of all such codes, rules and regulations filed with the\nsecretary of state pursuant to this section shall be provided in the\nfollowing manner:\n  a. the secretary of state shall make readily available in his office,\nfor public inspection and copying, the full text of the master\ncompilation;\n  b. each agency shall make readily available at a designated office or\noffices of the agency, for public inspection and copying, the full text\nof all codes, rules and regulations adopted by the agency;\n  c. at the same time material identified pursuant to paragraph c of\nsubdivision one of this section is filed with the secretary of state, an\nagency shall transmit a copy of all such material except material that\nis: (i) a United States statute or a code, rule or regulation published\nin the Code of Federal Regulations or in the Federal Register; or (ii)\nreadily available without charge on the internet to the legislative\nlibrary and, within each judicial department of the state, one court law\nlibrary designated by the chief administrator of the courts; provided\nthat for materials readily available on the internet, the agency shall\nidentify the address at which such materials can be accessed;\n  d. notwithstanding any provisions of law to the contrary, photocopies\nof any codes, rules and regulations shall be available to the public\nupon payment of a fee not to exceed twenty-five cents per page; and\n  e. the secretary of state shall cause such compilation to be printed;\nhowever, he may exclude from such printed compilation any previously\npublished portion of a rule which is precisely identified in the text\nthereof pursuant to paragraph c of subdivision one of this section.\n  5. The compilation printed pursuant to paragraph e of subdivision four\nof this section shall be known as the "official compilation of codes,\nrules and regulations of the state of New York" and shall presumptively\nestablish the codes, rules and regulations of the state of New York,\nexcept such as relate solely to the organization or internal management\nof a department, board, bureau, authority, commission or other agency of\nthe state, in force and effect on the first day of January, nineteen\nhundred forty-five. The official supplements to such compilation\npublished as hereinafter provided shall presumptively establish any\nchanges in such codes, rules and regulations and any new codes, rules or\nregulations except such as relate solely to the organization or internal\nmanagement of a department, board, bureau, authority, commission or\nother agency of the state, affected by addition, amendment or repeal, or\nadopted during the period ending on the thirty-first day of December in\nany year immediately preceding the publication of such supplement.\nNothing in such official compilation or any new edition thereof or\nofficial supplement thereto shall be construed as repealing or amending\nany code, rule or regulation adopted by any department, board, bureau,\nauthority, commission or other agency of the state, and in case of any\ninconsistency arising through omission or otherwise between the official\ncompilation and such codes, rules and regulations as filed in the office\nof the secretary of state, the latter shall prevail.\n