NY State Admin Pro Act § 203 (2021)
2021 New York Laws SAP - State Administrative Procedure Act Article 2 - Rule Making 203 - Filing; Effective Date.

§  203.  Filing;  effective date. 1. Except as provided in subdivision two of this section, no rule shall become effective until  it  is  filed with  the  secretary of state and the notice of adoption is published in the state register pursuant to subdivision five of section  two  hundred two  of this article, unless: (i) a later date is required by statute or is specified in the rule, (ii) adopted as an emergency rule pursuant  to subdivision  six  of  section  two hundred two of this article, or (iii) defined as a rule in subparagraph (ii) of paragraph (a)  of  subdivision two  of section one hundred two of this chapter. Each rule submitted for filing shall  have  attached  thereto  the  certificate  required  under subdivision two of section one hundred two of the executive law.   2.  (a)  An  agency  may,  after a rule is filed with the secretary of state pursuant to subdivision one of  this  section  and  prior  to  the effective date of such rule, amend, suspend or repeal such rule prior to the  effective date without complying with the provisions of subdivision one of section two hundred two of this article.  If  an  agency  amends, suspends  or  repeals  a  rule pursuant to this subdivision, such agency shall file a notice of adoption pursuant to subdivision five of  section two  hundred two of this article, provided, however, that such notice of adoption shall identify the rule which is being  amended,  suspended  or repealed  pursuant  to  this  subdivision,  provided,  further,  for the purposes of  compliance  with  subparagraphs  (iii),  (v)  and  (vi)  of paragraph  (c)  of subdivision five of such section two hundred two, the text of the rule as adopted pursuant to subdivision one of this  section shall  be compared with the text of the rule being amended, suspended or repealed pursuant to this subdivision.  (b) An agency may not amend, suspend or repeal a rule pursuant to this subdivision if such action would constitute a  substantial  revision  of the  rule  as  adopted.    To  determine  if  such  action constitutes a substantial revision of the adopted rule, such amendment, suspension  or repeal  shall be compared with the text of the rule which was filed with the secretary of state pursuant to subdivision one of this section.  The provisions  of  this  paragraph  shall  not  apply  if  such  amendment, suspension or repeal only delays the effective date of such rule.   3. The secretary of state shall reject any rule submitted  for  filing by  an agency where the notice of proposed rule making for such rule has expired pursuant to the provisions of section two hundred  two  of  this chapter.   4.  If  a rule requires a regulated party to develop a written plan or compliance  document  which  must  be  submitted  to  or  retained   for inspection by the agency, the agency is required to, upon request of one or  more  regulated  parties,  prepare a model of such a written plan or compliance document to provide guidance as to the content  and  form  of such  written plan or compliance document and the minimum elements which such  written  plan  or  compliance  document  should  contain.      The availability of any such model plan or document shall be communicated to regulated  parties  through publication in the state register and by any other means which the agency determines to be efficient  and  effective, and  shall  be made available to regulated parties and the public within the time frame  established  for  submission  of  the  written  plan  or compliance  documents.    Unless  otherwise  prohibited  by law, when an agency  has  prepared  a  model  plan  or  document  pursuant  to   this subdivision,  it may extend the final date for submitting a written plan or compliance document for an additional period, not  to  exceed  ninety days,  if  such  an  extension  is  deemed necessary to permit regulated parties to use the model plan as guidance in  developing  their  written plans  or  compliance  documents. Whenever a model plan is prepared, the agency shall cause a notice  to  be  published  in  the  state  register  indicating that it has prepared a model plan and identifying the written plan  or  compliance  document  for which the model plan or document has been prepared. Such notice shall also indicate whether  the  final  date for  submitting  a written plan or compliance document has been extended pursuant to this subdivision, and, if so, shall set forth the new  final date for submission.