reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VII - State Athletic Commission › Part 214 - Authorization of Third-Party Sanctioning Entities › Section 214.8 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
An Authorized Sanctioning Entity shall maintain appropriate
				  records of matches and exhibitions sanctioned, including but not limited to the
				  following: descriptions and documentation of each sanctioned event, match or
				  exhibition, which shall include information regarding: the martial art
				  involved; the legal name and ring name of each participant; the name and
				  address of the venue at which the match or exhibition is held; the name and
				  business address of the promoter(s) of the match or exhibition; the results of
				  the individual matches held; the rules under which the event, match or
				  exhibition was conducted; a record of whether any injuries were sustained by
				  participants; and the medical and emergency personnel, vehicles and equipment
				  present. For amateur mixed martial arts matches, the authorized sanctioning
				  entity shall ensure and require that all combatants must be registered with the
				  national mixed martial arts registry and/or database as officially designated
				  by the Association of Boxing Commissions, and all match results must bereported
				  to such registry and/or database within 48 hours of the match by the authorized
				  sanctioning entity.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VII - State Athletic Commission › Part 214 - Authorization of Third-Party Sanctioning Entities › Section 214.9 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Insurance.
For each bout, contest, match or exhibition, an authorized
				  sanctioning entity shall assure or maintain accident insurance conforming to
				  the requirements set forth for combative sports at section
				  208.16 of this
				  Title.
(b)
Attendance
				by licensed physician.
An authorized sanctioning entity shall ensure that at least
				  two physicians are in attendance at ringside for the duration of each
				  professional bout, contest, match or exhibition, and shall otherwise ensure
				  that all matches or exhibitions overseen or conducted shall conform to the
				  requirements of section
				  208.16 of this
				  Title.
(c)
Availability of emergency services.
An authorized sanctioning entity shall insure the presence of
				  appropriate emergency medical personnel consisting of at least one paramedic,
				  equipment, and the presence of at least one ambulance on site to provide
				  emergency transportation at all times during the conduct of any professional
				  bout, contest, match or exhibition, and shall otherwise ensure that all matches
				  or exhibitions overseen or conducted shall conform to the requirements of
				  section 208.16 of this
				  Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VII - State Athletic Commission › Part 214 - Authorization of Third-Party Sanctioning Entities › Section 214.10 - Commission access to records and assessment authority

Current through Register Vol. 46, No. 28, July 10, 2024
An Authorized Sanctioning Entity's books and records shall be
				  available to the Commission for review and copying at any time and without
				  limitation. The Commission and its authorized representatives shall be entitled
				  to attend any match, exhibition or weigh-in overseen or conducted by an
				  authorized sanctioning entity at any time and without limitation for the
				  purpose of observing and assessing compliance with the laws of the State of New
				  York and the rules, policies, and directives of the Commission. An Authorized
				  Sanctioning Entity shall fully cooperate with any inquiries or inspections
				  conducted by the Commission.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 220 - General Provisions › Section 220.1 - Authorization of transfer of telephone numbers to federal registry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The New York
				State Department of State is authorized to have the national ''do-not-call''
				registry, established, managed and maintained by the Federal Trade Commission
				pursuant to 16 C.F.R.
				Section 310.4(b)(1)(iii)(B)
				(herein referred to as the national ''do-not-call'' registry) serve as the New
				York State ''do-not-call'' registry.
(b) Consumer telephone numbers listed on the
				New York State no telemarketing sales calls statewide registry will be
				transferred to the Federal Trade Commission for inclusion in its national ''do
				not call'' registry as established by
				16 C.F.R. Section
				310.4(b)(1)(iii)(B).
(c) The registry is open to all natural
				persons who:
(1) reside in this state,
				and
(2) have telephone service in
				this state that receives incoming calls.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 220 - General Provisions › Section 220.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall use all terms as defined in section 399-z  of
				  the General Business Law, with the following additions:
(a)
Consumer
shall have the
				same meaning as the term customer as defined in section 399-z  of the General
				Business Law.
(b)
Established business relationship
shall mean a prior or
				existing relationship formed by a voluntary two-way communication between a
				consumer and a telemarketer with or without an exchange of consideration, on
				the basis of the consumer's purchase or transaction with the telemarketer
				within the 18 months immediately preceding the date of the telephone call or on
				the basis of the consumer's inquiry or application regarding products or
				services offered by the telemarketer within the three months immediately
				preceding the date of the call, which relationship has not been previously
				terminated by either party.
(c)
Goods and services
shall have the same meaning as defined in
				section 399-z  of the General Business Law. In addition:
(1) the term goods shall include, but not be
				limited to, goods as defined under section 2-105 of the New York Uniform
				Commercial Code; and
(2) the term
				services shall include, but not be limited to, the duty, labor, obligation,
				act, or commitment to be rendered by one person to another for profit, whereby
				the telemarketer offers, seeks to offer, or contracts to offer any performance
				of labor or other such act for the benefit of the consumer, or at the
				consumer's direction or authority.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 220 - General Provisions › Section 220.3 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No telemarketer
				or seller doing business in this state shall engage in any action that is
				prohibited by section 399-z  of the General Business Law or this Part.
(b) All telemarketers and sellers doing
				business in this state shall, as applicable, comply with all affirmative
				requirements imposed by section 399-z  of the General Business Law or this
				Part.
(c) Each failure to act in
				accordance with subdivision (a) or (b) of this section shall constitute a
				separate violation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 220 - General Provisions › Section 220.5 - Severability and Authorization to Act

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If any portion of this Part or the
				application thereof to any person or circumstances is adjudged invalid by any
				court of competent jurisdiction, such judgment shall be confined in its
				operation to the specific portion or application directly involved in the
				controversy in which such judgment shall have been rendered. Such controversy
				or judgment shall not affect or impair the validity of the remainder of this
				Part or the application thereof to other persons or circumstances.
(b) For purposes of this Part, any act or
				activity of the executive director of the agency, any person designated by him
				or her, or other such employee of the agency shall be deemed an act or activity
				of the agency.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 223 - Design, Installation, Inspection And Maintenance Of Playground Equipment › Section 223.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of a conflict between the meaning of a term
				  appearing in this section and the use of such term in the material incorporated
				  by reference, the definition provided in this section shall prevail.
(a) Construct means the building of a new
				playground or the building or replacement of major types of playground
				equipment within a preexisting playground or the modification of major types of
				playground equipment within a preexisting playground. This definition shall not
				include routine maintenance on playground equipment.
(b) Playground means equipment, related
				structures, surfacing, fencing, signs, internal pathways, land forms and
				vegetation for the use of six or more children. For purposes of this Part,
				playground does not include areas on one-, two- or three-family residential
				properties or areas intended to serve as athletic fields or athletic
				courts.
This Part focuses on the implementation of standards to help
				  reduce occurrences of children falling from playground equipment. Please note
				  that the publication incorporated by reference into section
				  223.2 of this Part, which has the
				  same force and effect of rule text printed in NYCRR, does not discuss other
				  potential playground risks, such as potential injuries that may be associated
				  with exposure to, or ingestion of, surfacing material. Since many factors may
				  affect playground safety, the New York State Division of Consumer Protection
				  does not endorse the standards contained in the incorporated publication as the
				  sole method of minimizing playground-related injuries.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 223 - Design, Installation, Inspection And Maintenance Of Playground Equipment › Section 223.2 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
The Public Playground Safety Handbook, December 29, 2015, is
				  hereby incorporated by reference and has been filed in the Office of the
				  Secretary of State of the State of New York. This publication may be obtained
				  from the publisher, U.S. Consumer Product Safety Commission, 4330 East West
				  Highway, Bethesda, MD, 20814, and is readily available without charge on the
				  internet at
https://cpsc.gov/s3fs-public/325.pdf
;
				  this internet address may also be accessed via the New York State Division of
				  Consumer Protection website at
www.dos.ny.gov/consumerprotection
. This publication is also available for public inspection at the New York
				  State Division of Consumer Protection.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 224 - Children's Product Safety And Recall Effectiveness › Section 224.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
Oversight and enforcement. It is the responsibility of the
				  New York State Department of State (Department) to:
(a) enforce the provisions of article 28-E of
				the General Business Law, the Children's Product Safety and Recall
				Effectiveness act of 2008, to enhance the safety of the marketplace for
				children under the age of 12;
(b)
				set requirements for children's and durable juvenile products, which shall
				include:
(1) labeling standards;
(2) product recall and warning notification
				requirements;
(3) removal and
				disposal of recalled products from the marketplace; and
(4) recordkeeping and reporting requirements;
				and
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 224 - Children's Product Safety And Recall Effectiveness › Section 224.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall have
				  the following meanings:
(a) Children's
				product means a toy or other article, other than clothing, primarily intended
				for use by a child under 12 years of age. The following shall be considered in
				determining if the toy or article is intended for a child under 12 years of
				age:
(1) a statement by a manufacturer about
				the intended use of such toy or article, including a label on such toy or
				article;
(2) the context and manner
				of the advertising, promotion, and marketing associated with the toy or
				article; and
(3) whether the toy or
				article is commonly recognized by consumers as being intended for use by a
				child under 12 years of age.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 224 - Children's Product Safety And Recall Effectiveness › Section 224.3 - Durable juvenile product manufacturers; responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Owner safety card. No manufacturer of
				durable juvenile products shall introduce for sale or distribution a juvenile
				product without a product owner safety card, as prescribed by the United States
				Consumer Product Safety Commission, pursuant to subsection (d) of section 104
				of the United States Consumer Product Safety Improvement Act of 2008, Public
				Law No. 110-314 and the rules promulgated therein. Manufacturers of durable
				juvenile products responsible for the product owner safety card shall also
				include a statement of confidentiality that ensures that the contact
				information on the returned card will not be used for any other purpose and
				shall be stored in a manner suitable to preserving the remitting consumer's
				confidentiality. No manufacture of durable juvenile products shall require the
				return of the product owner safety card.
(b) Disclosure form.
(1) The department shall prescribe a form
				requiring manufacturers of durable juvenile products that are distributed, sold
				or made available in the State to report at a minimum the following:
(i) current contact information for the
				durable juvenile products manufacturer;
(ii) information identifying the types and
				variety of durable juvenile products sold or offered in the State;
				and
(iii) any other information
				deemed relevant by the department in order to satisfy the disclosure
				requirement in section 490-b  of the General Business Law.
Such form shall be made available in an electronic format and
				  in any other format as prescribed by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 224 - Children's Product Safety And Recall Effectiveness › Section 224.4 - Commercial dealers; responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Labeling of products. Products for sale
				or distribution in New York must be labeled in accordance with label
				requirements as prescribed by
				15 USC
				2063 and the United States Consumer Product
				Safety Commission rules promulgated in accordance with the United States
				Consumer Product Safety Improvement Act of 2008. No commercial dealer or agent
				shall introduce for sale or distribution in New York a durable juvenile product
				or children's product without such label. No commercial dealer or agent shall
				obscure or allow such label to be obscured.
(b) Defective children's or durable juvenile
				products recalls and warnings; requirements. Upon notice of, or reason to
				believe that, a product previously introduced into the market is defective and
				a recall or warning has been issued due to such defect then a commercial dealer
				shall, within 24 hours of issuing or receiving a recall or warning notification
				from the Consumer Product Safety Commission:
(1) Contact in writing all known retailers,
				and any other distributing entity within the commercial dealer's distribution
				pool, to which it sold or otherwise made available such defective product. The
				writing shall direct all such entities to stop the sale or distribution of the
				recalled product and provide directions on the disposition of such
				product.
(2) If a dealer maintains
				a website, the dealer shall place on its website home page or first point of
				entry a link to the recall or warning information. This link shall contain
				specific recall and warning notification information.
(3) Contact all consumers who returned the
				product owner's safety card or otherwise provided the dealer with their contact
				information, and provide the consumers with specific recall and warning
				information.
(4) File an incident
				form, prescribed by the department, and a copy of the recall notice or warning
				issued or distributed; and send such filings to the Department of State via:
(i) email to product.safety@dos.ny.gov;
				or
(ii) mail to the Department of
				State, P.O. Box 22001, Albany, NY 12201-2001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 224 - Children's Product Safety And Recall Effectiveness › Section 224.5 - Retailers; responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
Retailers' responsibilities are included in this section.
				  This section does not apply to persons who purchase a product for personal use
				  but later sell it.
(a) A retailer
				shall not take delivery of, nor introduce for sale, any children's product or
				durable juvenile product that does not have an appropriate label in accordance
				with this Part.
(b) No retailer
				shall obscure, in part or in full, any label required under this
				Part.
(c) Upon knowledge of a
				commercial dealer, or a State or Federal agency's issuance of a recall or
				warning regarding a children's product or a durable juvenile product, a
				retailer who has sold or is offering such product for sale shall:
(1) within one business day of knowledge of
				the recall notice initiate a corrective undertaking which includes:
(i) removing the defective children's product
				or durable juvenile product from the store shelves; and
(ii) taking steps to ensure that such
				defective product is not sold or otherwise made available, including but not
				limited to implementing a mechanism or procedure to prevent a recalled product
				from being purchased at the point of sale.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 224 - Children's Product Safety And Recall Effectiveness › Section 224.6 - Non-retail sales; responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
Non-retail sales includes sales conducted by secondhand
				  dealers and any person that acts as an operator or operator or manager of a
				  website that serves as a platform to facilitate by a competitive bidding
				  process, or solely between third parties, the resale, sale or distribution of
				  children's products or durable juvenile products.
(a) Conspicuous internet resale notice. A
				person that operates or manages a website that serves as a platform to
				facilitate by a competitive bidding process, or solely between third parties,
				the resale, sale or distribution of children's products or durable juvenile
				products shall:
(1) Post clear and obvious
				advisory language in a distinct type style on:
(i) the website's first webpage and point of
				entry; or
(ii) the first webpage or
				point of entry for a seller, a bidder or a purchaser of children's products or
				durable juvenile products.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 224 - Children's Product Safety And Recall Effectiveness › Section 224.7 - Violations; penalties; enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Violations:
(1) failure to comply with any provision of
				this Part;
(2) allow a violation
				through omission of any provision of this Part;
(3) refuse to allow department investigators
				to inspect premises;
(4) fail to
				respond to a request or a subpoena from the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 225 - Anchoring, Securing and Counter-Weighting a Moveable Soccer Goal › Section 225.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Moveable
				soccer goal'' shall mean a freestanding structure consisting of at least two
				upright posts, a crossbar, and support bars that is designed:
(1) to be used by adults or children for the
				purposes of a soccer goal;
(2) to
				be used without any other form of support or restraint other than pegs, stakes,
				or other forms of temporary anchoring device; and
(3) to be able to be moved to different
				locations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 225 - Anchoring, Securing and Counter-Weighting a Moveable Soccer Goal › Section 225.2 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
This Part adopts safety standards for anchoring, securing and
				  counter- weighting moveable soccer goals contained within the U.S. Consumer
				  Product Safety Commission Guidelines for Movable Soccer Goal Safety as New York
				  State's safety standards for anchoring, securing and counter- weighting
				  moveable soccer goals. This publication is thus incorporated by reference in
				  this Part. Said publication, entitled: Guidelines for Movable Soccer Goal
				  Safety, published by the U.S. Consumer Product Safety Com- mission in 1995, as
				  Publication No. 326, is online free of charge at: http://
				  www.cpsc.gov/en/Safety-Education/Safety-Guides/Sports-Fitness-and-
				  Recreation/Guidelines-for-Movable-Soccer-Goal-Safety/.
Said publication may be viewed at the New York State
				  Department of State, Division of Consumer Protection, 99 Washington Avenue,
				  Suite 640, Albany, New York 12231, the New York State Department of State
				  website at
www.dos.ny.gov
and the New York
				  State Office of Parks, Recre- ation and Historic Preservation, 625 Broadway,
				  Albany, NY 12207
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Division of Consumer Protection was created within the
				  Department of State to protect the people of New York State from economic harm
				  resulting from unscrupulous and questionable business practices. The division
				  is authorized to promulgate rules and regulations to achieve this objective,
				  including the authority to establish and administer the Identity Theft
				  Prevention and Mitigation Program. The program is intended to:
(a) inform consumers about how to protect
				their personal identifying information;
(b) help consumers prevent identity theft,
				including taking steps to protect their identities once their personal
				identifying information has been compromised; and
(c) help consumers mitigate issues related to
				the theft of their identities. These regulations establish requisites and
				procedures to provide consumers with the means to protect themselves against
				identity theft and to assure that appropriate assistance and complaint
				resolution mechanisms are in place for the protection and repair of their
				financial and credit history in the event their personal identifying
				information has been compromised.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Victim of
				identity theft. The term "victim of identity theft" shall mean any natural
				person whose personal information has been wrongfully obtained by another or is
				used in some way that involves fraud or deception, typically for economic
				gain.
(b) Personal information. The
				term "personal information" shall mean any information concerning a natural
				person which, because of name, number, personal mark, or other identifier, can
				be used to identify such natural person.
(c) Consumer Reporting Agency. The term
				"consumer reporting agency" means any person who, for monetary fees, dues, or
				on a cooperative nonprofit basis, regularly engages in whole or in part in the
				practice of assembling or evaluating consumer credit information or other
				information on consumers for the purpose of furnishing consumer reports or
				investigative consumer reports to third parties.
(d) Consumer credit reporting agency. The
				term "consumer credit reporting agency" means a consumer reporting agency that
				regularly engages in the practice of assembling or evaluating and maintaining,
				for the purpose of furnishing consumer credit reports to third parties bearing
				on a consumer's credit worthiness, credit standing, or credit capacity, public
				record information and credit account information from persons who furnish that
				information regularly and in the ordinary course of business.
(e) Division. The term "Division" shall mean
				the Division of Consumer Protection.
(f) Department. The term "Department" shall
				mean the Department of State.
(g)
				Program. The term "Program" shall mean the Identity Theft Prevention and
				Mitigation Program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.3 - Consumer Assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Persons requesting assistance from the Division to respond to
				  an identity theft concern shall complete a consumer complaint assistance form
				  as prescribed by the Division. The Division, where appropriate, may undertake
				  any activities necessary to help a victim of identity theft obtain any such
				  information and assistance from any entity identified in Executive Law §
				  94-a 3(9)(ii), including, but not limited to, consumer credit reporting
				  agencies, as is necessary to prevent the utilization of such consumer's
				  personal identifying information in a way that inures to such consumer's
				  economic detriment, or to mitigate the impacts when such consumer's personal
				  identifying information has been used to such consumer's economic
				  detriment.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.4 - Consumer Educational Materials

Current through Register Vol. 46, No. 28, July 10, 2024
The Division shall make available upon request to any person
				  identifying themselves as a victim of identity theft information that provides
				  such victims with guidance in understanding and addressing concerns surrounding
				  an identity theft crime.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.5 - Request for Information

Current through Register Vol. 46, No. 28, July 10, 2024
When the Division of Consumer Protection acts on behalf of a
				  consumer to investigate, mediate and/or mitigate an identity theft complaint,
				  the Division may require substantiating and/or supporting documentation and/or
				  records from any State agency, including the Division of State Police, State
				  public authority, municipal department or agency, county or municipal police
				  department, and any non-governmental entity, including, but not limited to,
				  consumer credit reporting agencies. A consumer credit reporting agency shall
				  comply with the written request of the Division for such documentation and/or
				  records within 10 business days of service of such request, consistent with
				  applicable laws and this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.6 - Consumer Credit Reporting Agency Filing

Current through Register Vol. 46, No. 28, July 10, 2024
Each consumer credit reporting agency operating within the
				  State shall file with the Department such information as the Division finds
				  necessary to effectively administer the Program. Such information shall be
				  disclosed by filing a form provided by the Department and entitled "Consumer
				  Reporting Agency Notice and Contact Information." Such form shall include, but
				  not be limited to, the following information, which shall be maintained and
				  updated by the filer annually or immediately upon a material or substantive
				  change to the information provided pursuant to this section:
(a) The name of the consumer credit reporting
				agency.
(b) The principles and
				officers of the consumer credit reporting agency.
(c) The direct contact information for an
				individual(s) within the consumer credit reporting agency available to the
				Division during regular business hours.
(d) The direct contact information for an
				individual(s) within the consumer credit reporting agency available to the
				Division within 24 hours of a notification of a security breach pursuant to GBL
				§ 399-aa(8)(a).
(e) Contact
				information available to consumers, including, the consumer credit reporting
				agency's web address, telephone number and email address.
(f) A listing of all proprietary products
				offered by the consumer credit reporting agency to consumers for the prevention
				or mitigation of identity theft, any and all fees associated with the purchase
				of or subscription to such products, and the contractual provisions and
				disclosures in relation to such purchase or subscription, including, but not
				limited to: scope of services; liability for negligent or erroneous provision
				of services, and cancellation requisites.
(g) A listing and description of all business
				affiliations and contractual relationships with any other entities, where such
				business affiliations or contractual relationships relate to the provision of
				any products or services advertised to consumers as products or services
				available for the prevention or mitigation of identity theft.
(h) The consumer credit reporting agency's
				DUNNS number.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.7 - Consumer Information

Current through Register Vol. 46, No. 28, July 10, 2024
Any advertisements or other material promoting proprietary
				  products offered to consumers by a consumer credit reporting agency for the
				  prevention of identity theft must, in addition to other applicable laws,
				  prominently disclose any and all fees associated with the purchase or use of
				  such product, including, if offered on a trial basis, any and all fees charged
				  for its purchase or use after the trial period and the requisites of
				  cancellation of such continued use.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 226 - Identity Theft Prevention and Mitigation Program › Section 226.8 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of any of the rules set forth in this Part shall
				  be referred to the Attorney General, Department of Financial Services and/or
				  any other appropriate law enforcement or regulatory entity for
				  action.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 227 - Qualifications of a Fire Chief › Section 227.1 - Authority, intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Statutory authority: General Municipal Law Section 204-dd;
(b) The intent and purpose of this part is to
				establish minimum qualifications for a fire chief in any fire department or
				fire company that employs six (6) or more paid fire fighters in the State of
				New York.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 227 - Qualifications of a Fire Chief › Section 227.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term "fire
				chief" means the person who is head of the department or any title or rank that
				includes the duties of fire chief in any fire department or fire company with
				six (6) or more paid fire fighters.
(b) The term "fire fighter" means a member of
				a fire department whose duties include fire service as the phrase fire service
				is defined in paragraph d of subdivision eleven of section three hundred two  of
				the retirement and social security law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VIII - Division Of Consumer Protection › Part 227 - Qualifications of a Fire Chief › Section 227.3 - Qualifications of a fire chief

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				eligible for appointment or election as a fire chief the person must meet the
				core competencies for incident commander established by the State Fire
				Administrator.
(b) The Office of
				Fire Prevention and Control shall post and keep current the core competencies
				for incident commander on its official website. Final rule as compared with
				last published rule: Nonsubstantial changes were made in sections
				227.2 and
				227.3(a).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 260 - Notices Published In The › Section 260.1 - Notices to be published in the State Register

Current through Register Vol. 46, No. 28, July 10, 2024
The notices to be published in the State Register in relation
				  to rule making actions under the provisions of the State Administrative
				  Procedure Act, notices required by other statute and any other types of notices
				  published at the discretion of the Secretary of State include, but are not
				  limited to, the following:
(a) Notice
				of Proposed Rule Making;
(b) Notice
				of Revised Rule Making;
(c) Notice
				of Adoption;
(d) Amended Notice of
				Adoption;
(e) Notice of
				Withdrawal;
(f) Notice of Emergency
				Adoption. This notice must be submitted when a proposal is not being submitted
				simultaneously with the emergency adoption;
(g) Notice of Emergency Adoption and Proposed
				Rule Making. This notice must be submitted to simultaneously publish a Notice
				of Proposed Rule Making and file an emergency adoption;
(h) Notice of Emergency Adoption and Revised
				Rule Making. This notice must be submitted when it is the intent to make
				substantial revisions to a rule that was previously proposed and file an
				emergency adoption simultaneously;
(i) Guidance Document
				Certification;
(j) Notice of
				Expiration;
(k) Regulatory
				Agenda;
(l) Notice of Public
				Hearing;
(m) Public Notice;
				and
(n) Notice of Availability of
				State and Federal Funds.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 260 - Notices Published In The › Section 260.2 - Form and content of notices

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notices submitted shall contain such information as is prescribed in the State
				Administrative Procedure Act, utilizing the forms and formats published on the
				Department of State's website.
(b)
				The department may, at its own discretion, accept a notice(s) for publication
				in the State Register in a format other than that prescribed by the Secretary
				of State.
(c) In publishing a
				notice in the State Register, a different order of presentation of the
				information and other changes may be made for space and editorial reasons,
				including the deletion of unnecessary or redundant material and the addition of
				clarifying words or phrases, provided the notice published shall contain the
				information required by the State Administrative Procedure Act and such changes
				shall not affect the meaning and effect of the provisions of the
				notice.
(d) Typing text
				attachments. Minimal formatting is to be used. Text attachments should include
				only one font and one type size.
(e) The department, at its discretion, may
				reject any notice submitted for publication in the State Register which does
				not conform to the requirements of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 260 - Notices Published In The › Section 260.3 - Citation of statutory authority for action

Current through Register Vol. 46, No. 28, July 10, 2024
A notice submitted for publication in the State Register in
				  relation to rule making action subject to the provisions of the State
				  Administrative Procedure Act shall specify the subdivision of the applicable
				  section of law authorizing the taking of such action. If the section does not
				  contain any subdivisions, a statement such as "(not subdivided)" shall follow
				  the citation of the section. If the statutory authority is a chapter of the
				  laws not reflected in any consolidated or unconsolidated law, the chapter law
				  and the bill section thereof shall be cited.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 260 - Notices Published In The › Section 260.4 - Submission of notices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In all
				instances, an agency must submit the proper notice with applicable
				attachments.
(b) Rule making
				notices should be e-filed via the department's website.
(c) Non rule making notices may be e-mailed,
				hand-delivered or mailed.
(1) Hand-delivered
				or mailed notices must be delivered to the Division of Administrative Rules,
				NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650,
				Albany, NY 12231-0001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 260 - Notices Published In The › Section 260.5 - Notice of expiration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Whenever a notice of proposed rule making has expired, the Department of State
				shall prepare and publish a notice of expiration as soon as
				practicable.
(b) Whenever a notice
				of expiration is published in the State Register, the expired notice of
				proposed rule making shall be deleted from the State Register's action pending
				index.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 260 - Notices Published In The › Section 260.6 - Regulatory agenda

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As provided
				in section 202-d of the State Administrative Procedure Act, some State agencies
				are required and others are permitted to publish a regulatory agenda in the
				State Register.
(b) Regulatory
				agendas will be published in the first issue of the State Register during the
				month of January and in the last issue during the month of June.
(c) When submitting a regulatory agenda to
				the State Register for publication, a State agency must use the proper format
				as prescribed by the Secretary of State and published on the Department of
				State's website. This format is also available from the Division of
				Administrative Rules of the Department of State.
(d) The deadlines for submitting regulatory
				agendas for publication in the State Register will be the Tuesday 15 days prior
				to the Wednesday publication date. Deadline dates will be published on the
				Department of State's website and also will be provided upon request by the
				Division of Administrative Rules of the Department of State.
(e) Those agencies required to submit a
				regulatory agenda for publication in the first issue of the State Register
				during the month of January shall include a notice of review of existing rules
				pursuant to section 207 of the State Administrative Procedure Act with such
				submission. The regulatory agenda and notice of review of existing rules must
				be separately labeled. These items will be published in separate sections of
				the State Register.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 261 - Requirements For Filing Adopted Rules › Section 261.1 - Filing location

Current through Register Vol. 46, No. 28, July 10, 2024
Hand-delivered or mailed documents must be delivered to the
				  Division of Administrative Rules, NYS Department of State, One Commerce Plaza,
				  99 Washington Avenue, Suite 650, Albany, NY 12231-0001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 261 - Requirements For Filing Adopted Rules › Section 261.2 - Requirements for filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				e-filing adopted rules, attach to the rule making form a scanned image of the
				signed certification prepared on your agency's letterhead in accordance with
				section 261.3 of this Part along with the
				text of the rule. If applicable, submit two copies of the referenced material
				prepared in accordance with section
				261.6 of this Part.
(b) Hard copy, prepared on agency letterhead,
				may be submitted in lieu of the scanned certification.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 261 - Requirements For Filing Adopted Rules › Section 261.3 - Certification of rule

Current through Register Vol. 46, No. 28, July 10, 2024
The certificate annexed to the rule required under the
				  provisions of section 102 (2)  of the Executive Law shall contain the information
				  set forth in the following order:
(a)
				a statement certifying that the rule was duly adopted or other rule making
				action was duly taken;
(b) the name
				of the agency head or designee thereof (authorized to take the action for the
				agency) or of the board, commission, authority or public benefit corporation
				taking such action;
(c) the date
				the action was taken;
(d) in the
				case of a board, commission, public benefit corporation or authority, or if the
				action shall be defined as a rule under section 102(2)(a)(ii) of the State
				Administrative Procedure Act, the procedure by which the action was
				taken;
(e) in the case of a board,
				commission, public benefit corporation or authority, the city in which the
				meeting took place at which the action was taken;
(f) a citation of the statutory authority for
				the action taken; such citation shall be made in the same manner as prescribed
				in section
				260.3 of this Title;
(g) if the action taken was not subject to
				the State Administrative Procedure Act or was otherwise not required to comply
				with the prior notice requirements of such act, a statement to such effect and
				the citation of the statute providing for such exemption or
				noncompliance;
(h) if the action
				taken is by an emergency measure under the provisions of section 202 of the
				State Administrative Procedure Act, a statement of the agency's finding of the
				need for such action and the specific reasons underlying such finding. The
				statement of the reasons shall set forth the specific facts or grounds
				supporting the finding made; a paraphrasing of the provisions of section 202 of
				the State Administrative Procedure Act relating to emergency measures or of the
				finding made shall not be acceptable. The agency may submit a separate
				statement of the findings and specific reasons underlying same, together with
				the certificate, provided that a statement certifying that these were the
				findings made, signed by the agency head, forms a part of such separate
				statement;
(i) in all instances
				where the action taken was subject to the provisions of the State
				Administrative Procedure Act, except those provided for in subdivisions (g) and
				(h) of this section, the date of publication of the notice of the proposed rule
				making in the State Register, and either the date(s) and manner of publication
				of any other prior notice required by statute or, if none, a statement to the
				effect that no other publication of a prior notice of the action being taken
				was required by statute.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 261 - Requirements For Filing Adopted Rules › Section 261.4 - Outline style

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each rule
				submitted for filing to the Division of Administrative Rules must substantially
				conform with the outline style used by the
Official Compilation of
				Codes, Rules and Regulations of the State of New York.
(b) The outline style used by the
Official Compilation of Codes, Rules and Regulations of the State of
				New York
is as follows:
Division
Description
Example
Title
Arabic numeral
Title 1
Subtitle
Capital letter
Subtitle A
Chapter
Capital Roman numeral
Chapter I
Subchapter
Capital letter
Subchapter A
Article
Arabic numeral
Article 1
Subarticle
Capital letter
Subarticle A
Part
Arabic numeral
Part 1
section
Arabic numeral separated from Part number by decimal
							 point
section 1.1
subdivision
Small letter in parentheses
subdivision (a)
paragraph
Arabic numeral in parentheses
paragraph (1)
subparagraph
Small Roman numeral in parentheses
subparagraph (i)
clause
Small italic letter in parentheses
clause (
a
)
subclause
Italic Arabic numeral in parentheses
subclause (
1
)
item
Italic Roman numeral in parentheses
item (
i
)
subitem
Capital italic letter in parentheses
subitem (
A
)
phrase
Capital italic Roman numeral in parentheses
phrase (
I
)
(c)
				The specific numbering, lettering, order and layout of any rule published in
				the
Official Compilation of Codes, Rules and Regulations
is
				subject to the judgment and discretion of the Division of Administrative
				Rules.