2023 New York Laws › SAP - State Administrative Procedure Act › Article 2 - Rule Making › 207 - Review of Existing Rules.

§  207.  Review  of  existing  rules.  1.  (a)  Unless the contrary is
specifically provided by paragraph (b) of this subdivision or by another
law, any rule which is adopted on or after the effective  date  of  this
section  shall  be reviewed in the calendar year specified in the notice
of adoption for the rule, provided that at a minimum every rule shall be
initially reviewed no later than in the fifth calendar  year  after  the
year  in which the rule is adopted, and, thereafter, every rule shall be
re-reviewed at five-year intervals.
(b) For any rule for which a regulatory  flexibility  analysis,  rural
area  flexibility  analysis  or  job  impact  statement is required, the
initial review shall occur no later than  in  the  third  calendar  year
after the year in which the rule is adopted; provided, however, that the
agency  may  propose  a  different  review  period  in  such analysis or
statement, along with its justification for doing so, and  shall  invite
public  comment thereon. The review period specified for the rule and an
assessment of any comments on this issue shall accompany the  notice  of
adoption.
2.  An  agency  shall  submit for publication in the regulatory agenda
published in January pursuant to  section  two  hundred  two-d  of  this
article  a  list  of  the  rules  which  must  be  reviewed  pursuant to
subdivision one of  this  section  in  the  ensuing  calendar  year.  In
addition  to the information required by such section two hundred two-d,
for each rule so listed the agency shall provide an analysis of the need
for and legal basis of such rule, shall invite  public  comment  on  the
continuation  or  modification  of  the rule and shall indicate the last
date for submission of comments which shall be not less than  forty-five
days from the date of publication. An agency shall also publish the list
of  rules that must be reviewed pursuant to this section on its website.
If the original notice  of  proposed  rule  making  for  a  listed  rule
required  the  preparation of a regulatory flexibility analysis, a rural
area flexibility analysis, or a job impact statement, the  agency  shall
so  indicate  and  shall  provide outreach as appropriate to potentially
affected small businesses, local  governments  and  public  and  private
interests  in rural areas that the rule is being reviewed. Such outreach
may include solicitation of input through electronic  means  or  through
any  of  the activities listed in subdivision six of section two hundred
two-b and subdivision seven  of  section  two  hundred  two-bb  of  this
article.
3.  If  an  agency determines that a rule subject to the provisions of
this section should be modified, it shall publish a notice  of  proposed
rule  making  for  such  rule,  which,  in  addition  to the information
otherwise required by this article, shall include  a  statement  setting
forth  a  reasoned  justification  for  modification  of the rule and an
assessment of public comments, prepared in accordance  with  subdivision
four-a  of section two hundred two of this article, which were submitted
to the agency in response to the listing of the rule in  the  regulatory
agenda.  Where  appropriate,  the  agency  shall  also  include  in  its
statement a discussion of the degree to  which  changes  in  technology,
economic  conditions,  time  required to comply, or other factors in the
area affected by the rule necessitate changes in the rule.
4. If an agency determines that a rule subject to  the  provisions  of
this  section  should  continue without modification, it shall publish a
notice to that effect, which shall identify the rule and  the  statutory
authority for the rule, and include a statement setting forth a reasoned
justification  for  continuation of the rule without modification and an
assessment of public comments, prepared in accordance  with  subdivision
four-a  of section two hundred two of this chapter, which were submitted

to the agency in response to the listing of the rule in  the  regulatory
agenda.
5.  This  section  shall  not apply to any rule which was adopted as a
consensus rule or as a minor, obsolete or invalid rule,  or  to  a  rule
defined  in  subparagraph  (ii)  of  paragraph (a) of subdivision two of
section one hundred two of this chapter.