2023 New York Laws › SAP - State Administrative Procedure Act › Article 2 - Rule Making › 202-F - Public Hearings.

* §  202-f. Public hearings. 1. Whenever a public hearing is held on a
  proposed rule pursuant to this chapter,  unless  otherwise  provided  in
  law, an agency is authorized to utilize innovative techniques to enhance
  public  participation  in  rule  making,  including  but  not limited to
  allowing the public to ask questions of agency personnel for  a  portion
  of  such  hearing,  organizing  such hearing as a roundtable discussion,
  scheduling  an  evening  or  weekend   hearing,   and   using   digital,
  broadcasting  and/or  teleconferencing  technologies; provided, however,
  that no such innovative techniques shall  be  used  in  a  manner  which
  diminishes  the ability which members of the public would otherwise have
  to comment on the proposed rule at a public hearing. Each agency  listed
  in  subdivision  four  of  this section shall, and any other agency may,
  include in its annual report a description and analysis of  its  use  of
  innovative techniques pursuant to this subdivision.
2.  Except  as  provided  in subdivision three of this section, if the
  workers'  compensation  board,  the  state  education  department,   the
  department of financial services, the department of labor, or the office
  of  temporary and disability assistance receive a petition subscribed by
  not fewer than five hundred persons residing in this state,  or  if  the
  department of health or department of environmental conservation receive
  a  petition  subscribed  by  not  fewer than seven hundred fifty persons
  residing in this state, requesting a public hearing on any rule or rules
  which have been proposed by the agency, or have been  described  in  the
  regulatory  agenda  submitted  by  the  agency  pursuant  to section two
  hundred two-d of this  article,  which  an  agency  may  require  to  be
  submitted  on a petition form it has promulgated, such agency shall hold
  at least one public hearing on the rule  or  rules;  provided,  however,
  that  any  such  petition  on  a  rule  which  has been proposed must be
  received by the agency not later than the thirtieth day before the  last
  date  for  submission  of comments. Any rule issued by the department of
  health that is also subject to review by the public  health  and  health
  planning  commission  shall  not  be  subject  to the provisions of this
  subdivision. Any agency that receives a petition after the thirtieth day
  before the last date for submission  of  comments  and  any  agency  not
  listed  in  subdivision four of this section may elect to hold a hearing
  upon receipt of a petition. Due consideration  shall  be  given  to  any
  request  in  a  petition  that  a  hearing  be conducted in a particular
  region.
3. An agency shall not be required to hold a public  hearing  pursuant
  to  subdivision two of this section (a) on a rule for which a hearing is
  required by law and has been scheduled or held; (b) on a consensus rule;
  (c) on  a  rule  defined  in  subparagraph  (ii)  of  paragraph  (a)  of
  subdivision  two  of  section  one hundred two of this chapter; or (d) a
  rule adopted on an emergency basis until a notice of proposed rulemaking
  has been issued. When a public hearing has been requested for  any  rule
  described  in  a  regulatory agenda, the agency shall not be required to
  schedule a public hearing until  such  time  as  the  rule  is  proposed
  pursuant to this chapter.
4.  The  following agencies shall engage in the reporting provided for
  in subdivision one of this section and hold hearings as provided for  in
  subdivisions  two  and  three of this section: the workers' compensation
  board and the  departments  of  education,  environmental  conservation,
  health, financial services, labor and family assistance.
* NB Repealed December 31, 2025