NY State Admin Pro Act § 202 (2021)
2021 New York Laws SAP - State Administrative Procedure Act Article 2 - Rule Making 202 - Rule Making Procedure.

§  202. Rule making procedure. 1. Notice of proposed rule making.  (a) Prior to the adoption of a rule, an agency  shall  submit  a  notice  of proposed  rule  making  to the secretary of state for publication in the state register and shall afford the  public  an  opportunity  to  submit comments  on  the proposed rule. Unless a different time is specified by statute, the notice of proposed rule making must  appear  in  the  state register at least sixty days prior to either  (i) the addition, amendment or repeal of a rule for which statute does not require that a public hearing be held prior to adoption, or  (ii)  the  first  public  hearing  on  a  proposed rule for which such hearing is so required.   The notice of proposed rule making shall indicate the  last  date  for submission  of  comments on the proposed rule, which, unless a different time is specified in statute or this paragraph, shall be not  less  than sixty  days after the date of publication of such notice, or, if statute requires that a public hearing be held prior to adoption, not less  than five days after the date of the last public hearing scheduled to be held on  the  proposed  rule.  Notwithstanding  any  other  provision of this paragraph, when the notice of  proposed  rule  making  contains  only  a description  of  the  subject,  purpose  and  substance  of  the rule as provided in subparagraph (v) of paragraph (f) of this  subdivision,  the full  text  of the proposed rule shall be posted on a website maintained by the agency or another state entity and shall remain posted until such proposed rule is adopted, revised, withdrawn or expires pursuant to this article, except that such web posting shall not be required for any rule defined in subparagraph (ii) of paragraph  (a)  of  subdivision  two  of section one hundred two of this chapter.  (b)  (i)  When  an  agency submits a notice of proposed rule making as provided in paragraph (a) of this subdivision solely for the purpose  of proposing  a  consensus  rule for adoption, the agency may dispense with any requirement for public hearing and the requirements of subparagraphs (ii), (iii), (iv), (vi) and (vii) of paragraph (f) of this  subdivision; provided,  however,  that  such notice shall include a statement setting forth a clear and concise explanation of  the  basis  for  the  agency's determination  that no person is likely to object to the adoption of the rule as written.  (ii) If any public comment is received on the rule which contains  any objection  to adoption of a consensus rule, the agency must withdraw the notice of proposed rule making for the consensus rule and may  submit  a notice  of proposed rule making for such rule making which complies with all of the relevant provisions of this subdivision.  (iii) Unless otherwise provided by law, a rule defined in subparagraph (ii) of paragraph (a) of subdivision two of section one hundred  two  of this  chapter  may be adopted as a consensus rule in accordance with the provisions of this paragraph; provided, however, that for  the  purposes of paragraph (c) of subdivision one of section one hundred three of this chapter,  any public hearing required by law to be held on any such rule shall be deemed to be explicitly directed at such  rule.  No  such  rule which  is  defined  by the public service law as a "major change" may be adopted as a consensus rule.  (c) When appropriate in the judgment of the agency, a notice may  also be published in newspapers of general circulation and in trade, industry or professional publications as the agency may select, and may be posted on  the  agency's internet website, and may be transmitted to newspapers and trade, industry or professional publications by electronic means  in accordance with article three of the state technology law.  (d)  The  requirement  for  publication  of  a notice of proposed rule making in the state register shall not  preclude  the  initiation  of  a  public  hearing  with  respect  to  the  proposal of any rule defined in subparagraph (ii) of paragraph (a) of subdivision  two  of  section  one hundred  two  of this chapter where notice otherwise consistent with the provisions of this subdivision has been given, provided, however, in all situations  notice  must  be published within a reasonable time prior to the hearing.  (e) When an agency submits a notice of proposed rule making for a rule which was proposed for adoption as a  consensus  rule  and  subsequently withdrawn  pursuant  to  paragraph  (b) of this subdivision, such notice shall identify the prior  notice  of  proposed  rule  making  and  shall briefly  describe  the  objection  or  objections which caused the prior notice of proposed rule making to be withdrawn.  (f) The notice of proposed rule making shall:  (i) cite the statutory authority, including  particular  sections  and subdivisions, under which the rule is proposed for adoption;  (ii)  give  the date, time and place of any public hearing or hearings which are scheduled;  (iii) state whether or not the place of any public hearing or hearings shall be reasonably accessible to persons with  a  mobility  impairment; for  purposes  hereof,  "persons  with a mobility impairment" shall mean those persons with a physical impairment which is permanent and severely limits that person's mobility, or a person who  is  unable  to  ambulate without  the  aid  of a wheelchair or other prosthetic device; provided, however, that the failure of such accessibility in accordance  herewith, upon  diligent  effort  to have provided same, shall have no effect upon any actions or proceedings taken at any such subject hearings;  (iv) include a statement  that  interpreter  services  shall  be  made available  to  deaf  persons, at no charge, upon written request to such agency representative as shall be designated  pursuant  to  subparagraph (viii) of this paragraph within a reasonable time prior to any scheduled public  hearing  or hearings. If interpreter services are requested, the agency conducting the rule making  proceeding  in  all  instances  shall appoint  a  qualified  interpreter  who  is  certified  by  a recognized national or New York state  credentialing  authority  to  interpret  the proceedings  to,  and  the  testimony  of, such deaf person. Such agency shall determine a reasonable fee  for  all  such  interpreting  services which shall be a charge upon the agency;  (v) contain the complete text of the proposed rule, provided, however, if such text exceeds two thousand words, the notice shall contain only a description  of  the subject, purpose and substance of such rule in less than two thousand words and shall identify the address of the website on which the full text has been posted;  (vi) include  a  regulatory  impact  statement  prepared  pursuant  to section  two  hundred  two-a of this article, provided, however, if such statement exceeds two thousand words, the notice shall  include  only  a summary  of  such statement in less than two thousand words and the full text of such statement shall be posted on a website  maintained  by  the agency  or  another  state entity until such statement is revised or the proposed rule is adopted  or  withdrawn  or  expires  pursuant  to  this article;  (vii)  include  a  regulatory  flexibility  analysis  and a rural area flexibility analysis prepared pursuant to sections two hundred two-b and two hundred two-bb of this article, provided, however,  if  an  analysis exceeds  two  thousand words, the notice shall include only a summary of such analysis in less than two thousand words and the full text of  such analysis  shall  be  posted  on  a  website  maintained by the agency or another state entity until such analysis is revised or the proposed rule is adopted or withdrawn or expires pursuant to this article;  (viii) give the name, public office address and telephone number of an agency representative, who is knowledgeable on the proposed  rule,  from whom  the  complete  text of such rule and any scientific or statistical study, report and analysis that served as the basis for the rule and any supporting   data,  the  regulatory  impact  statement,  the  regulatory flexibility analysis, and the rural area  flexibility  analysis  may  be obtained;  from  whom  information  about  any  public  hearing  may  be obtained;  and  to  whom  written  data,  views  and  arguments  may  be submitted; and  (ix) include any additional matter required by statute.   2. Expiration of notice of proposed rule making; notice of expiration. (a)   Except  with  respect  to  any  notice  of  proposed  rule  making concerning a rule defined in  subparagraph  (ii)  of  paragraph  (a)  of subdivision  two of section one hundred two of this chapter, a notice of proposed rule making shall expire and be ineffective for the purposes of this section, unless the proposed rule is  adopted  by  the  agency  and filed  with  the  secretary  of  state  in the manner prescribed by law, within three hundred sixty-five days after the latter of:  (i) the publication in the state register of a notice of proposed rule making for the rule; or  (ii) the date of the last public hearing  announced  in  a  notice  of proposed rule making for the rule.  (b)  When  a notice so expires, the secretary of state shall publish a notice of expiration in the state register. Such  notice  shall  contain such information as is determined, in the discretion of the secretary of state, to serve the public interest.   3.  Continuation  of notice of proposed rule making. If, within ninety days of the date on which a rule will expire, an agency submits a notice of revised rule making for the rule, the rule making will  be  continued for  an  additional  ninety  days beyond the date on which it would have expired.   4. Withdrawal of notice of proposed rule making; notice of withdrawal. An agency may withdraw a notice of proposed rule making and terminate  a rule  making  proceeding  by  submitting  a  notice of withdrawal to the secretary of state for publication in the state  register.  Such  notice shall include a statement of the reason or reasons for withdrawal of the proposed rule.   4-a.  Notice  of  revised  rule making. (a) Except with respect to any rule defined in subparagraph (ii) of paragraph (a) of subdivision two of section one hundred two of this chapter, prior  to  the  adoption  of  a rule,  an  agency  shall  submit  a notice of revised rule making to the secretary of state  for  publication  in  the  state  register  for  any proposed rule which contains a substantial revision. The public shall be afforded  an  opportunity  to  submit  comments on the revised text of a proposed rule. Unless a different time  is  specified  in  statute,  the notice of revised rule making must appear in the state register at least forty-five days prior to the adoption of the rule. The notice of revised rule  making  shall indicate the last date for submission of comments on the revised text of the proposed rule, which, unless a different time is specified in statute, shall be not less than forty-five days  after  the date of publication of such notice.  (b)  Each  agency  shall  publish  and make available to the public an assessment of public  comment  for  a  rule  revised  pursuant  to  this subdivision.  Such  assessment  shall be based upon any written comments submitted to the agency and any comments presented at any public hearing held on the proposed rule by the agency. The assessment  shall  contain: (i)  a  summary  and  an  analysis  of the issues raised and significant alternatives suggested by any such comments; (ii)  a  statement  of  the  reasons  why any significant alternatives were not incorporated into the rule; and (iii) a description of any changes  made  in  the  rule  as  a result  of  such comments. If no comments have been received, the notice of revised rule making shall state that no comments were received by the agency.  Any  subsequent assessment published pursuant to this paragraph or paragraph (b) of subdivision five of this section need  only  include comments  not addressed in any previously published assessment of public comment for the rule; provided, however, that the notice of revised rule making or adoption shall contain the date any previous notice of revised rule making containing an assessment of public comment was published  in the state register.  (c) The notice of revised rule making shall:  (i)  cite  the  statutory authority, including particular sections and subdivisions, under which the rule is proposed for adoption;  (ii) contain the complete revised text of the proposed rule, provided, however, if such text exceeds two thousand words, the notice may contain only a description of the subject, purpose and substance of such rule in less than two thousand words and  shall  identify  the  website  of  the agency,  or  of another state entity, on which the complete revised text has been posted;  (iii) identify the substantial revisions to the text of the rule;  (iv) give the date, time and place of any public hearing  or  hearings on  the  rule  which are to be held subsequent to the publication of the notice;  (v) include a revised regulatory impact statement,  when  required  by the  provisions  of  paragraph  (b)  of  subdivision  six of section two hundred two-a of this article,  provided,  however,  if  such  statement exceeds  two  thousand words, the notice shall include only a summary of such statement in less than two thousand words and  shall  identify  the website of the agency, or of another state entity, on which the complete revised text has been posted;  (vi)  include  a  revised  regulatory flexibility analysis and a rural area flexibility analysis, when required by the provisions of  paragraph (b)  of subdivision seven of section two hundred two-b and paragraph (b) of subdivision eight of section two  hundred  two-bb  of  this  article, provided,  however,  if  such  analysis  exceeds two thousand words, the notice shall include only a summary of such analysis in  less  than  two thousand  words  and  shall  identify  the  website of the agency, or of another state entity, on which the full text of the revised analysis has been posted;  (vii) give the  name,  address  and  telephone  number  of  an  agency representative knowledgeable on the rule, from whom the complete revised text  of  such rule, any revised regulatory impact statement any revised regulatory flexibility analysis and any revised rural  area  flexibility analysis  may  be  obtained;  from whom information about any additional public hearing may be obtained; and to  whom  written  data,  views  and arguments may be submitted;  (viii)  state  whether  the  notice  shall also extend the rule making period for an additional ninety days as provided in subdivision three of this section;  (ix) include the assessment of public comment,  prepared  pursuant  to paragraph  (b)  of  this  subdivision  provided,  however, that, if such assessment exceeds two thousand words, the notice shall include  only  a summary of such assessment in less than two thousand words; and  (x) include any additional matter required by statute.  (d)  An  agency  may  not submit a notice of revised rule making for a rule which has been proposed as a consensus rule.    5. Notice of adoption. (a) When  an  agency  files  a  rule  with  the secretary  of  state, such agency shall also submit a notice of adoption to the secretary of state for publication in the state register.  Except as provided in subdivision six of this section, an agency may not file a rule  with,  or  submit  a notice of adoption to, the secretary of state unless the agency has previously submitted a  notice  of  proposed  rule making and complied with the provisions of this section.  (b)  Except  with  respect to any rule defined in subparagraph (ii) of paragraph (a) of subdivision two of section  one  hundred  two  of  this chapter,  each  agency shall publish and make available to the public an assessment of public  comment  for  a  rule  adopted  pursuant  to  this subdivision  or  paragraph  (e) of subdivision six of this section. Such assessment shall be based upon any written  comments  submitted  to  the agency  and  any  comments  presented  at any public hearing held on the proposed rule by the agency. The assessment shall contain: (i) a summary and an analysis  of  the  issues  raised  and  significant  alternatives suggested  by any such comments, (ii) a statement of the reasons why any significant alternatives were not incorporated into the rule and (iii) a description of any changes  made  in  the  rule  as  a  result  of  such comments.  If  any comments included estimates of projected costs of the proposed rule to the state,  local  governments  or  regulated  persons, which  differed  significantly from those presented by the agency in its regulatory impact statement, regulatory flexibility analysis,  or  rural area  flexibility  analysis,  the  assessment  shall  also summarize the agency's  assessment  of  such  estimates.  If  no  comments  have  been received,  the  notice  of  adoption  shall  state that no comments were received by the agency. Comments submitted or presented to the agency by a legislative committee or commission or by a member or members  of  the senate  or  assembly  shall  be  considered  public comment and shall be summarized and analyzed in the assessment.  (c) The notice of adoption shall:  (i) cite the statutory authority, including  particular  sections  and subdivisions, under which the rule is adopted;  (ii)  contain  the  complete  text  of  the rule as adopted, provided, however, if such text exceeds  two  thousand  words,  the  notice  shall contain only a description of the subject, purpose and substance of such rule in less than two thousand words;  (iii)  state  whether  there  have been any changes in the text of the rule as adopted when compared with the  text  of  the  latest  published version  of  the  proposed rule, and if such changes have occurred, cite the particular sections, subdivisions and paragraphs so changed;  (iv) give the effective date of the rule;  (v) include a revised regulatory impact statement,  when  required  by the  provisions  of  paragraph  (b)  of  subdivision  six of section two hundred two-a of this article,  provided,  however,  if  such  statement exceeds  two  thousand words, the notice shall include only a summary of such statement in less than two thousand words;  (vi) include a revised regulatory flexibility  analysis  and  a  rural area  flexibility analysis, when required by the provisions of paragraph (b) of subdivision seven of section two hundred two-b and paragraph  (b) of  subdivision  eight  of  section  two hundred two-bb of this article, provided, however, if such statement exceeds  two  thousand  words,  the notice  shall  include only a summary of such statement in less than two thousand words;  (vii) include the assessment of public comment, prepared  pursuant  to paragraph (b) of this subdivision, provided, however, if such assessment exceeds  two  thousand words, the notice shall include only a summary of such assessment in less than two thousand words;  (viii) give the name, public office address and telephone number of an agency representative from whom the complete text of the  rule  and  any revised  regulatory  impact  statement,  revised  regulatory flexibility analysis, rural area flexibility analysis or assessment of comments  may be obtained; and  (ix)  state  whether  any  notice  of  revised  rule  making  had been submitted for such rule making and specify the date or dates  that  such notice or notices appeared in the state register; and  (x) include any additional matter required by statute.   6.  Notice  of  emergency  adoption.  (a)  Notwithstanding  any  other provision of law, if an agency finds that the immediate  adoption  of  a rule  is  necessary for the preservation of the public health, safety or general welfare and that compliance with the requirements of subdivision one of this section would be contrary to the public interest, the agency may dispense with all or part of such requirements and adopt the rule on an emergency basis.  (b) Unless otherwise provided by law, such emergency  rule  shall  not remain  in effect for longer than ninety days after being filed with the secretary of state unless within such time the agency complies with  the requirements  of  subdivision  one  of  this section and adopts the rule pursuant  to  the  provisions  of  subdivision  five  of  this  section, provided,  however,  if  such  emergency  rule is readopted prior to the expiration of such ninety day period such readoption and any  subsequent readoptions shall remain in effect for no longer than sixty days.  (c)  An  emergency rule which is in regard to security authorizations, corporate or financial structures or  reorganization  thereof,  and  for which  statute  does  not require that a public hearing be held prior to adoption, shall not expire pursuant to the provisions of  paragraph  (b) of  this  subdivision  if  the agency finds that the purpose of the rule would be frustrated if subsequent notice procedures were required.  (d) A notice of emergency adoption shall:  (i) cite the statutory authority, including  particular  sections  and subdivisions, under which the rule is adopted;  (ii)  state  whether  the  notice  shall  also  constitute a notice of proposed rule making  for  the  purposes  of  subdivision  one  of  this section,  and if so, give the date, time and place of any public hearing or hearings which are scheduled;  (iii) state whether the notice  shall  also  constitute  a  notice  of revised  rule  making  for  the  purposes  of subdivision four-a of this section,  and  if  so,  include  all  information   required   by   such subdivision; and  (iv)  contain  the findings required by paragraphs (a) and (c) of this subdivision and  include  a  statement  fully  describing  the  specific reasons  for such findings and the facts and circumstances on which such findings are based. Such  statement  shall  include,  at  a  minimum,  a description  of  the  nature  and, if applicable, location of the public health, safety or general welfare need requiring adoption of the rule on an emergency basis;  a  description  of  the  cause,  consequences,  and expected  duration  of  such need; an explanation of why compliance with the requirements of subdivision one of this section would be contrary to the public interest; and an explanation of why the current  circumstance necessitates  that  the public and interested parties be given less than the minimum period for notice and comment provided  for  in  subdivision one of this section;  (v) give the effective date of the rule;  (vi) state the specific date the emergency rule will expire;  (vii)  contain  the  complete  text  of the rule as adopted, provided, however, if such text exceeds  two  thousand  words,  the  notice  shall  contain only a description of the subject, purpose and substance of such rule  in  less than two thousand words and shall identify the address of the website, if any, on which the full text has been posted;  (viii)  include  a  regulatory  impact  statement prepared pursuant to section two hundred two-a of this chapter or a statement  setting  forth that  the  regulatory impact statement will appear in the state register within thirty  days  of  the  effective  date  of  the  emergency  rule, provided,  however,  if either statement exceeds two thousand words, the notice shall include only a summary of such statement in less  than  two thousand words;  (ix)  include  a  regulatory flexibility analysis prepared pursuant to section two hundred two-b and a rural area flexibility analysis pursuant to section two hundred two-bb of this chapter or a  statement  that  the regulatory  flexibility  analysis and/or rural area flexibility analysis will appear in the state register within thirty days  of  the  effective date  of  the  emergency  rule,  provided,  however, if such analysis or statement exceeds two thousand words, the notice shall  include  only  a summary of such analysis or statement in less than two thousand words;  (x)  give  the  name, public office address and telephone number of an agency representative, knowledgeable on the rule, from whom  a  complete text   of   such  rule,  the  regulatory  impact  statement,  regulatory flexibility analysis, and the rural area  flexibility  analysis  may  be obtained;  from  whom  information  about  any  public  hearing  may  be obtained;  and  to  whom  written  data,  views  and  arguments  may  be submitted; and  (xi) include any additional matter required by statute.  (e)  If,  prior  to  the  expiration  of  a  rule  adopted pursuant to paragraph (a) of this subdivision, the agency finds that the  readoption of  such rule on an emergency basis is necessary for the preservation of the public health, safety or general welfare, the agency may readopt the rule on an emergency basis.  No  readoption  shall  be  filed  with  the secretary  of state unless the agency has submitted a notice of proposed rule making pursuant to subdivision one of this section.  No  second  or subsequent  readoption shall be filed with the secretary of state unless the agency at the same time submits an  assessment  of  public  comments prepared pursuant to paragraph (b) of subdivision five of this section.  (f)  When the notice of emergency adoption contains only a description of the subject, purpose  and  substance  of  the  rule  as  provided  in subparagraph  (vii)  of paragraph (d) of this subdivision, the full text of the rule shall be posted on a website maintained  by  the  agency  or another state entity as soon as practicable, but not later than the date the notice of emergency adoption is published in the state register.   6-a.  Distribution  of  rule  making  information. (a) An agency shall transmit a copy of any rule making  notice  prepared  pursuant  to  this article  to  the  governor,  the  temporary president of the senate, the speaker of  the  assembly  and  the  administrative  regulations  review commission  at  the  time  such  notice is submitted to the secretary of state for publication in the  state  register.  Such  transmittal  shall include  the complete rule text, regulatory impact statement, regulatory flexibility analysis, rural  area  flexibility  analysis,  or  revisions thereof,  and  any other information submitted to the secretary of state pursuant to this article. Furthermore, such transmittal may be completed by electronic means in  accordance  with  article  three  of  the  state technology law.  (b)  An agency shall make a copy of the complete text of any proposed, adopted or  emergency  rule,  regulatory  impact  statement,  regulatory flexibility  analysis,  rural  area  flexibility  analysis, or revisions thereof available, in written or electronic forms, to the public at  the  time  such  documents  are  submitted  to  the  secretary  of  state for publication in the state register and shall send to any person a copy of such text upon written or electronic request.  (c) An agency shall notify every person who has submitted a written or electronic  request  to  be notified of all proposed, revised, emergency and/or adopted rules which may affect such person. The agency may  allow requests  for  only the rules of particular divisions or programs within the agency that are of interest to such person. Written  requests  shall expire  annually  on  the thirty-first day of December with renewals for the  succeeding  year  to  be  accepted  on  or  after  December  first. Electronic  requests  shall  not  expire,  but  shall continue until the person submits a  request  to  discontinue  such  notification.  Notices issued  pursuant  to  such requests shall be sent to the last address or electronic mail address specified by the person. An  agency  may  charge any  person  requesting  such  notice  a  fee  consisting of the cost of preparation, handling and postage; provided, however, that no fee  shall be  charged  for  electronic  notices.  As  an  alternative to sending a document electronically, an agency may identify the document and provide a link to the section of its website containing the full  text  of  such document.   7. Rule text requirements. (a) Except with respect to any rule defined in  subparagraph (ii) of paragraph (a) of subdivision two of section one hundred two of this chapter,  the  complete  text  of  any  proposed  or adopted  rule  shall  identify  new language by underscoring or italics, enclose in brackets any words which are to  be  deleted,  and  give  the citation of any rule which is to be repealed.  (b)  Notwithstanding  any  provision herein to the contrary, an agency may:  (i) with regard to a notice published in the state register concerning a rule defined in subparagraph (ii) of paragraph (a) of subdivision  two of  section one hundred two of this chapter, elect to include either the complete text of the proposed or adopted rule in two thousand  words  or less,  or  a  description  of the subject, purpose and substance of such rule in less than two thousand words; and  (ii) with regard to a notice published in any newspaper or publication other than the state register, elect to include either the complete text or a description of the subject, purpose and substance of  the  proposed or adopted rule.  (c)  For  the  purposes  of determining if the length of the text of a rule to be published pursuant  to  this  section  exceeds  two  thousand words,  such  text shall exclude any previously published portion of the rule which is precisely identified  in  the  text  thereof  pursuant  to paragraph  c  of  subdivision  one  of  section  one  hundred two of the executive law;  (d) When a notice published pursuant to this  section  refers  to  any rule,  text  or  other  information  that  has  been posted on a website maintained by a state entity in lieu of publication:  (i) the text or information shall be posted not later  than  the  date the  notice  is  published  in  the  state  register,  and to the extent practicable shall be maintained on such website during the entire period for which such notice is effective; and  (ii) the notice shall provide sufficient  information  to  enable  the public to access such information without extensive searching, and shall conform to any guidance prescribed by the secretary of state pursuant to subdivision nine of this section.   8. Judicial review. A proceeding may be commenced to contest a rule on the  grounds  of  noncompliance with the procedural requirements of this section, section two hundred two-a and section two hundred two-b of this  chapter, provided, however, such proceeding  must  be  commenced  within four  months  from  the  effective date of such rule. Each rule shall be promulgated in  substantial  compliance  with  the  provisions  of  such sections,  provided,  however, the inadvertent failure to send notice to any person shall not serve to invalidate any rule promulgated hereunder.   9. Secretary of state. (a) The secretary of state shall:  (i) prescribe standard forms to be used by  agencies  when  submitting for  publication  in  the  state  register  the notices required by this section;  (ii) promptly review each notice  submitted  by  an  agency  for  such publication;  (iii)  reject  those  notices  which are not in substantial compliance with the  provisions  of  this  section,  give  prompt  notice  of  such rejection to the agency, and advise such agency on the corrective action required;  (iv)  publish all notices and statements, required by this section and section two hundred one-a of this chapter, in the state register as soon as practicable; and  (v) prescribed guidance, developed in consultation with the office  of information   technology  services,  for  online  posting  of  text  and information pursuant to this section.  (b)(i) The secretary of state may, in addition to publication  of  the state  register,  publish an electronic copy of the state register which shall be freely available on the internet.  (ii) Whenever an agency provides an electronic mail  address  for  the submission  of comments regarding a notice, the secretary of state shall provide a direct link between the electronic copy of the state  register and  that  electronic  mail  address,  permitting  a  person viewing the electronic copy of the state register to immediately submit comments  by electronic mail.  (iii)  The  secretary  of  state  shall  provide  that the direct link between the electronic copy of the state  register  and  the  electronic mail address provided by an agency.  (iv)  Nothing  contained  in  this  paragraph  shall  impose  upon the secretary of state or any agency  any  responsibility  for  delivery  or failure  of  delivery  of  comments  submitted  through  the direct link between the electronic copy of the state  register  and  the  electronic mail  address  provided  by  an  agency  in  the  event  of any failure, incompatibility, or lack of function in any computer  or  communications hardware or software, regardless of whether such hardware or software is or is not within the control of the secretary of state or agency.