New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 606 - Availability and Access to Incorporated by Reference Materials Contained in 14 NYCRR Parts 600-699 and 14 NYCRR Parts 1-500 Applicable to Services and Programs Certified and/or Operated by the Office for People With Developmental Disabilities › Section 606.2 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chapter 941
				of the Laws of 1984 permits State agencies to file with the Secretary of State
				codes, rules and regulations that were previously incorporated by reference in
				the agency's codes, rules and regulations, but not filed with the Secretary of
				State.
(b) Prior to the amendment
				of section 102  of the Executive Law by chapter 941,
				there was a requirement that the Secretary of State must publish every code,
				rule and regulation in the
Official Compilation of Codes, Rules and
				Regulations of the State of New York
(NYCRR).
(c) As amended, section 102  of the Executive Law now exempts certain
				codes, rules or regulations from publication in the NYCRR, if the code, rule or
				regulation has been otherwise published by the Federal government or by a
				private publisher.
(d) Chapter 941
				requires that exempt publications must be made available for public use and
				inspection at the New York State Department of State. Hence, because it will be
				the duty of the Secretary of State to maintain a master compilation of all
				codes, rules and regulations including those Federal and private publications
				that will not be printed in NYCRR and because it will be the duty of the
				Secretary of State to maintain historical files containing the official text of
				such documents, it is necessary that all referenced codes, rules and
				regulations be prepared and submitted for filing in a manner that will ensure
				that the text of each document is identifiable and available to the
				public.
(e) It is understood that
				many of the referenced documents in question have to do with codes, rules and
				regulations that have been adopted to protect the public health, safety and
				welfare.
(f) Since the
				enforceability of those codes, rules or regulations may depend on evidence that
				the material was available and is actually filed with the Secretary of State,
				it is essential that the text of such documents be identifiable and retrievable
				from the files of the Department of State.
(g) To ensure the provisions of chapter 941
				of the Laws of 1984 are met, the Department of State has set forth rules in 19
				NYCRR 261.2.
(h) This Part,
				established pursuant to section 2 of chapter 941 of the Laws of 1984, and in
				accordance with section
				261.2 of
				19 NYCRR 261 sets forth a comprehensive listing of incorporation by reference
				codes, rules and regulations, and all other referenced published data,
				criteria, standards, specifications, techniques, illustrations or information
				which are contained in this Title and are applicable to facilities certified
				and/or operated by the OPWDD.