2023 New York Laws › SAP - State Administrative Procedure Act › Article 2 - Rule Making › 203 - Filing; Effective Date.

§  203.  Filing;  effective date. 1. Except as provided in subdivision
two of this section, no rule shall become effective until  it  is  filed
with  the  secretary of state and the notice of adoption is published in
the state register pursuant to subdivision five of section  two  hundred
two  of this article, unless: (i) a later date is required by statute or
is specified in the rule, (ii) adopted as an emergency rule pursuant  to
subdivision  six  of  section  two hundred two of this article, or (iii)
defined as a rule in subparagraph (ii) of paragraph (a)  of  subdivision
two  of section one hundred two of this chapter. Each rule submitted for
filing shall  have  attached  thereto  the  certificate  required  under
subdivision two of section one hundred two of the executive law.
2.  (a)  An  agency  may,  after a rule is filed with the secretary of
state pursuant to subdivision one of  this  section  and  prior  to  the
effective date of such rule, amend, suspend or repeal such rule prior to
the  effective date without complying with the provisions of subdivision
one of section two hundred two of this article.  If  an  agency  amends,
suspends  or  repeals  a  rule pursuant to this subdivision, such agency
shall file a notice of adoption pursuant to subdivision five of  section
two  hundred two of this article, provided, however, that such notice of
adoption shall identify the rule which is being  amended,  suspended  or
repealed  pursuant  to  this  subdivision,  provided,  further,  for the
purposes of  compliance  with  subparagraphs  (iii),  (v)  and  (vi)  of
paragraph  (c)  of subdivision five of such section two hundred two, the
text of the rule as adopted pursuant to subdivision one of this  section
shall  be compared with the text of the rule being amended, suspended or
repealed pursuant to this subdivision.
(b) An agency may not amend, suspend or repeal a rule pursuant to this
subdivision if such action would constitute a  substantial  revision  of
the  rule  as  adopted.    To  determine  if  such  action constitutes a
substantial revision of the adopted rule, such amendment, suspension  or
repeal  shall be compared with the text of the rule which was filed with
the secretary of state pursuant to subdivision one of this section.  The
provisions  of  this  paragraph  shall  not  apply  if  such  amendment,
suspension or repeal only delays the effective date of such rule.
3. The secretary of state shall reject any rule submitted  for  filing
by  an agency where the notice of proposed rule making for such rule has
expired pursuant to the provisions of section two hundred  two  of  this
chapter.
4.  If  a rule requires a regulated party to develop a written plan or
compliance  document  which  must  be  submitted  to  or  retained   for
inspection by the agency, the agency is required to, upon request of one
or  more  regulated  parties,  prepare a model of such a written plan or
compliance document to provide guidance as to the content  and  form  of
such  written plan or compliance document and the minimum elements which
such  written  plan  or  compliance  document  should  contain.      The
availability of any such model plan or document shall be communicated to
regulated  parties  through publication in the state register and by any
other means which the agency determines to be efficient  and  effective,
and  shall  be made available to regulated parties and the public within
the time frame  established  for  submission  of  the  written  plan  or
compliance  documents.    Unless  otherwise  prohibited  by law, when an
agency  has  prepared  a  model  plan  or  document  pursuant  to   this
subdivision,  it may extend the final date for submitting a written plan
or compliance document for an additional period, not  to  exceed  ninety
days,  if  such  an  extension  is  deemed necessary to permit regulated
parties to use the model plan as guidance in  developing  their  written
plans  or  compliance  documents. Whenever a model plan is prepared, the
agency shall cause a notice  to  be  published  in  the  state  register

indicating that it has prepared a model plan and identifying the written
plan  or  compliance  document  for which the model plan or document has
been prepared. Such notice shall also indicate whether  the  final  date
for  submitting  a written plan or compliance document has been extended
pursuant to this subdivision, and, if so, shall set forth the new  final
date for submission.