NY Exec L § 102 (2021)
2021 New York Laws EXC - Executive Article 6 - Department of State 102 - Filing and Publication of Codes, Rules and Regulations.

§ 102. Filing  and  publication of codes, rules and regulations. 1. a.   No code, rule or regulation shall become effective  until  it  is  filed   with  the secretary of state, unless a later date is required by statute   or is specified by such code, rule or regulation.b. Each department, board, bureau, officer, authority,  commission  or   other  agency  of the state, authorized by statute to adopt codes, rules   or regulations shall transmit to the secretary of state a certified copy   of every such code, rule and regulation except such as relate solely  to   the  organization  or  internal  management  of  such department, board,   bureau, authority, commission or other agency of the state in  force  at   the  time  of  such  transmittal  or  to  become  effective  thereafter,   certified by the head of  such  department,  board,  bureau,  authority,   commission  or  other agency of the state, or if such head is a board or   commission, by the  chairman  or  secretary  thereof,  together  with  a   citation  of  the  statutory authority pursuant to which each such code,   rule or regulation was adopted.c. Any code, rule or regulation which includes in the text thereof any   United States statute, or code, rule or regulation previously  published   in  the  code  of federal regulations or in the federal register, or any   previously  published   data,   criteria,   standards,   specifications,   techniques,  illustrations  or other information reasonably available to   regulated  parties,  shall  have  set  forth  in  its  text  a   precise   identification   of   such  material,  including  but  not  limited  to:   applicable titles, dates, editions, page numbers, section  numbers,  and   authors,  the  names and addresses of the publisher from whom a copy may   be obtained, and the designated office or offices of the adopting agency   at which such material is available for public inspection and copying.d. No amendment to any material identified pursuant to paragraph c  of   this  subdivision  shall  be effective unless adopted in compliance with   the applicable provisions of law and filed with the secretary  of  state   pursuant to this section.e.   The  secretary  of  state  shall  promulgate  rules  establishing   procedure, forms, style and font for submission of every such code, rule   and regulation required to be submitted by this section.2.  Immediately  upon  adopting  any  new  code,  rule  or  regulation   including any rule as defined in the state administrative procedure act,   or  any  amendment to or repeal thereof, except such as relate solely to   the organization or internal management of a department, board,  bureau,   authority, commission or other agency of the state, the original thereof   shall  be  filed  in  the  office  of  the department of state. Attached   thereto shall be a certificate, in a form prescribed by the secretary of   state, citing the statutory authority including particular sections  and   subdivisions  pursuant  to  which  each such change or new code, rule or   regulation  was  adopted,  the  date  of  adoption,  and  the  date   of   publication  in  the  state  register  of  the notice required under the   provisions of the state administrative procedure act as well as the date   and manner of publication of any additional prior notice required  under   any  other  statute.  If  the  action  taken  shall  be  exempt from the   provisions of the state administrative procedure act  and  if  no  other   statutory  notice  requirement shall be applicable the certificate shall   so  state.  Such  certificate  shall  be  signed  by  the  head  of  the   department, board, bureau, authority, commission, or other agency of the   state,  or  if  such  head  is a board or commission, by the chairman or   secretary thereof, or, in lieu of such signatures, it may be signed by a   person designated by such head or chairman aforementioned, provided such   designation is made in writing, contains therein the  signature  of  the   person  designated,  and  is  filed  with  the  department of state. The   secretary of state shall reject any rule submitted  for  filing  in  the    event  that  either  the  notice  required by subdivision five or six of   section two hundred two of the state administrative  procedure  act,  or   the  attached  certificate,  reveals  that  the  rule was not adopted in   substantial compliance with section two hundred two of such act.3.  It shall be the duty of the secretary of state to prepare a master   compilation of all such codes, rules and regulations in  such  form  and   order as he may determine. He shall not, however, change the language of   any  existing  code,  rule  or  regulation except a title or explanatory   caption; but he shall recommend any such change as he may deem advisable   to the department, board,  bureau,  officer,  authority,  commission  or   other  agency  of  the  state  authorized  to  adopt  such code, rule or   regulation. Such master compilation shall include all codes,  rules  and   regulations except such as relate solely to the organization or internal   management  of  a  department,  board,  bureau, authority, commission or   other agency of the state, in  effect  on  the  first  day  of  January,   nineteen  hundred  forty-five, and which he shall certify as a true copy   of the master compilation prepared by him.4. Publication of all such codes, rules and regulations filed with the   secretary of state pursuant to this section shall  be  provided  in  the   following manner:a.  the secretary of state shall make readily available in his office,   for  public  inspection  and  copying,  the  full  text  of  the  master   compilation;b.  each agency shall make readily available at a designated office or   offices of the agency, for public inspection and copying, the full  text   of all codes, rules and regulations adopted by the agency;c.  at  the  same  time material identified pursuant to paragraph c of   subdivision one of this section is filed with the secretary of state, an   agency shall transmit a copy of all such material except  material  that   is:  (i) a United States statute or a code, rule or regulation published   in the Code of Federal Regulations or in the Federal Register;  or  (ii)   readily  available  without  charge  on  the internet to the legislative   library and, within each judicial department of the state, one court law   library designated by the chief administrator of  the  courts;  provided   that  for  materials readily available on the internet, the agency shall   identify the address at which such materials can be accessed;d. notwithstanding any provisions of law to the contrary,  photocopies   of  any  codes,  rules  and regulations shall be available to the public   upon payment of a fee not to exceed twenty-five cents per page; ande. the secretary of state shall cause such compilation to be  printed;   however,  he  may  exclude  from such printed compilation any previously   published portion of a rule which is precisely identified  in  the  text   thereof pursuant to paragraph c of subdivision one of this section.5. The compilation printed pursuant to paragraph e of subdivision four   of  this  section  shall be known as the "official compilation of codes,   rules and regulations of the state of New York" and shall  presumptively   establish  the  codes,  rules  and regulations of the state of New York,   except such as relate solely to the organization or internal  management   of a department, board, bureau, authority, commission or other agency of   the  state,  in  force  and effect on the first day of January, nineteen   hundred  forty-five.  The  official  supplements  to  such   compilation   published  as  hereinafter  provided  shall  presumptively establish any   changes in such codes, rules and regulations and any new codes, rules or   regulations except such as relate solely to the organization or internal   management of a department,  board,  bureau,  authority,  commission  or   other agency of the state, affected by addition, amendment or repeal, or   adopted  during the period ending on the thirty-first day of December in   any year immediately  preceding  the  publication  of  such  supplement.    Nothing  in  such  official  compilation  or  any new edition thereof or   official supplement thereto shall be construed as repealing or  amending   any  code,  rule or regulation adopted by any department, board, bureau,   authority,  commission  or other agency of the state, and in case of any   inconsistency arising through omission or otherwise between the official   compilation and such codes, rules and regulations as filed in the office   of the secretary of state, the latter shall prevail.