New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5906 - Declaratory Rulings › Section 5906.3 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for
				declaratory rulings shall be made to the general counsel of the foundation upon
				a form prescribed by the foundation which shall contain sufficient information
				to identify with particularity the person, the property or the state of facts
				and the rule or statute enforceable by the foundation, the applicability of
				which is sought to be determined or shall identify with particularity the
				action, with respect to which the declaratory ruling is sought. Such request
				shall cite the statute, rule, or regulation relied upon, and set forth a
				complete and precise statement of the state of facts, persons or property with
				respect to which a ruling is sought, together with a full disclosure of the
				petitioner's interest.
(b) Such
				request must be submitted in writing to the general counsel of the foundation
				on a form prescribed by the foundation by certified mail, return receipt
				requested, addressed to the New York State Science and Technology Foundation,
				99 Washington Avenue, Suite 1730, Albany, New York 12210. The returned postal
				service receipt shall constitute proof of service which shall be deemed
				effective on the day the request is received.
(c) Such request may be accompanied by a
				memorandum in support setting forth the reasons for the request.
(d) The general counsel to the foundation may
				decline to issue a declaratory ruling or advise that such request is
				incomplete, ambiguous, inappropriate, or unnecessary under the facts and
				circumstances recited herein.
(e)
				The issuance of a declaratory ruling shall be within the discretion of the
				general counsel, and nothing contained in this section shall confer upon any
				person the right to compel the foundation to issue a declaratory
				ruling.
(f) Requests pursuant to
				this subdivision shall be granted or denied by the general counsel, within 30
				days of the date on which such request is received in proper form by the
				general counsel, provided that in the case of a request for a declaratory
				ruling with respect to whether an action by the foundation should be taken
				pursuant to a rule, as defined in section
				5906.2(a)(2), the
				request shall be granted or denied by the general counsel within 60 days of
				such date.
(g) Form for request for
				declaratory ruling.
New York State Science and Technology Foundation
99 Washington Avenue
Albany, NY 12210
Request for a Declaratory Ruling
Name ________ Business Phone ____________
Representing ____________
____________
Address ____________
____________
Mailing Address (if different) ____________
____________
Ruling Requested (Specify with particularity which person,
				  what property, or what state of facts and the rule or statute enforceable by
				  the Foundation, applicability of which is sought to be determined, or identify
				  with particularity the action with respect to which the declaratory ruling is
				  sought):
____________
____________
____________
____________
____________
____________