2023 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proposed rule is adopted, revised, withdrawn or expires pursuant to this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.