New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.156 - Executive order no. 156: establishing a negotiated rule making program

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, negotiated rule making is a process which reflects
					 an agency's recognition that regulatory objectives, consistent with legislative
					 directives, can be accomplished in more that one way;
WHEREAS, negotiated rule making brings together the
					 regulating agency and regulated and other interested parties during the
					 developmental stages of a rule to negotiate and resolve potential problems with
					 the rule making in order to implement a rule acceptable to all interested
					 parties, avoid delay in implementation and reduce litigation, while ensuring
					 that the agency carries out its statutorily mandated responsibilities;
WHEREAS, negotiated rule making may improve the substance
					 of proposed rules and shorten the length of time needed to implement final
					 rules, thereby effectuating legislative purposes and aiding in the prompt
					 delivery of governmental services; and
WHEREAS, negotiating a potentially controversial rule
					 making during its formulation may reduce time and expense to the State in
					 promulgating the rule and the need for judicial intervention;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, do hereby establish a Negotiated Rule Making Program
					 which agencies may use to increase acceptance and improve the substance of
					 rules through negotiations with regulated and other interested parties.
I. Initiating a Negotiated Rule Making
A. Decision to negotiate a rule making. An
				  agency may initiate a negotiated rule making procedure if the head of the
				  agency determines that the use of such procedure is in the public interest.
In making such a determination, the agency shall consider
					 whether:
1. there is a need for a
				  rule;
2. the governing statute
				  allows flexibility in implementation;
3. there are a limited number of identifiable
				  interests that will be significantly affected by the rule and the
				  representatives of such interests have sufficient expertise and resources to
				  contribute to the negotiation process;
4. there is a reasonable likelihood that a
				  committee can be convened with a balanced representation of the affected
				  interests and that all representatives are willing to negotiate in good faith
				  to reach a consensus on the proposed rule;
5. there is a reasonable likelihood that a
				  committee will reach a consensus on the proposed rule within a fixed period of
				  time;
6. the negotiated rule making
				  procedure will not unreasonably delay the adoption of the final rule;
7. the agency has adequate resources and is
				  willing to commit such resources, including technical assistance, to the
				  committee; and
8. the agency, to
				  the maximum extent possible consistent with its statutory responsibilities and
				  authority, will use the consensus of the committee as the basis for the
				  proposed rule.