2023 New York Laws › EXC - Executive › Article 6 - Department of State › 101-A - Legislative Notification of the Proposed Adoption, Amendment, Suspension or Repeal of Agency Rules.

§ 101-a. Legislative notification of the proposed adoption, amendment,
  suspension or repeal of agency rules.
1. Definitions. As used in this section,
a.  "Agency"  means  any  state board, bureau, commission, department,
  authority, division, or officer authorized by law to make rules.
b. "Rule" means the whole or part of each agency statement of  general
  applicability  or  regulation or code that implements or applies law, or
  prescribes  the  procedure  or  practice  requirements  of  any  agency,
  including  the  amendment,  suspension or repeal thereof, except such as
  relates to the organization or internal management of the agency.
2. Except as provided in subdivision three of this section,  at  least
  sixty  days  prior  to  either the adoption of any rule, or, if a public
  hearing is required by statute, at least sixty days prior to  the  first
  public  hearing  on  a  proposed rule, the agency proposing to take such
  action  shall  send  in  writing  or  may  transmit  electronically   in
  accordance   with   article   three  of  the  state  technology  law,  a
  notification of such proposed action to the temporary president  of  the
  senate  and  the  speaker  of the assembly. This notification shall: (a)
  refer to the statutory authority under which the action is proposed, (b)
  give the time and place of any public  hearing  that  may  be  scheduled
  concerning the proposed action, or state the manner in which data, views
  or  arguments  may  be  submitted  to the agency concerning the proposed
  action, (c) contain a copy of the complete text of  the  proposed  rule,
  and (d) contain a fiscal statement setting forth the fiscal consequences
  of the proposed action on the state and its local governments.
3.  If  the  agency finds that it is necessary for the preservation of
  the public health, safety  or  general  welfare  to  dispense  with  the
  requirements of subdivision two of this section, the agency may dispense
  with  such  requirements  and  adopt  the rule, as an emergency measure.
  Within five days of the filing of such emergency measure in  the  office
  of  the department of state, the agency taking such action shall send or
  transmit, as the case may be, the temporary president of the senate  and
  the  speaker  of  the assembly a notification containing the information
  required by subdivision two of this  section;  provided,  however,  such
  notification shall also: (a) include a brief statement setting forth the
  reasons  why  the agency finds that it is necessary for the preservation
  of the public health, safety or general welfare  to  dispense  with  the
  requirements of subdivision two of this section and adopt the rule as an
  emergency  measure,  and (b) provide the date the emergency measure will
  terminate if the agency does not intend  to  adopt  such  measure  as  a
  permanent  rule,  or  indicate  that  the  agency  intends to adopt such
  measure  as  a  permanent  rule,  in  which  case  compliance  with  the
  notification requirements of this section shall be deemed satisfied. The
  effectiveness  of  any  such  emergency  measure,  unless  adopted  as a
  permanent rule in the manner prescribed by law, shall not exceed  ninety
  days after the filing of such measure in the office of the department of
  state,  provided,  however, if such emergency measure 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.
4. The legislature in the joint rules of the senate and  assembly  may
  exempt from the requirements of this section certain rules which have or
  would have no significant fiscal implications.
5.  This  section does not relieve any agency from compliance with any
  statute requiring that its rules be filed with or approved by designated
  persons or bodies before they become effective.
6. A proceeding to invalidate any rule on the ground of  noncompliance
  with  the  procedural  requirements of this section must be commenced by

  the temporary president of the senate or the  speaker  of  the  assembly
  within four months from the effective date of the rule. No rule shall be
  valid  unless  adopted  in  substantial  compliance  with  this section;
  provided,  however,  that  the  inadvertent  failure  to  give notice as
  provided in this section shall not invalidate any rule.