reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VII - Agricultural Fairs › Part 352 - Testing Horses For Drugs At Pulling Contests › Section 352.4 - Assistance in the enforcement of this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or the person having the care,
				custody or control of any horse shall present such horse for appropriate sample
				collection when so directed by the veterinarian, and shall restrain the horse
				and supply the assistance necessary for the veterinarian to obtain the official
				sample. Failure of the owner or the person having the care, custody or control
				of a horse to submit it for testing or failure to provide adequate assistance
				to the veterinarian in obtaining an official sample shall result in forfeiture
				of all rights to premiums paid for the contest for which the sample was to be
				collected and immediate exclusion from participation in future pulling contests
				at fairs.
(b) Responsibility of
				fairs. Each fair shall comply with and assist in the enforcement of this Part
				and provide such restraint facilities and lighting as may be required by the
				department.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
				  mean:
(a) Commissioner means the
				Commissioner of Agriculture and Markets of the State of New York.
(b) Department means the Department of
				Agriculture and Markets of the State of New York.
(c) The department's main address is Building
				8, State Campus, Albany, NY 12235.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner is responsible for
				ensuring compliance with this Part. The director of the administrative planning
				office, located at the department's main address, is hereby designated as
				records access officer. The records access officer shall have the duty of
				coordinating the agency responses to public requests for access of records.
				However, the public shall not be denied access to records through agency
				officials who have in the past been authorized to make records or information
				available.
(b) The records access
				officer will review internal procedures to assure that the department complies
				with section 87  of the Public Officers Law of the State of
				New York.
(c) The records access
				officer shall maintain the subject matter list, created pursuant to section
				360.6  of this
				Part, and exhibit such list to anyone seeking information concerning public
				access to records.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
All records available for inspection and copying will be
				  located at the department's main address.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				This department shall accept requests for public access to records and produce
				such records from 8:30 a.m. to 4:30 p.m. on all days the department is
				regularly open for business.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.5 - Procedures for handling requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a request
				for records is required, such request may be oral or in writing.
(b)
(1) A
				department official shall respond promptly to a request for records. Except
				under extraordinary circumstances, any response shall be made no more than five
				working days after receipt of the request by the department whether the request
				is oral or in writing.
(2) If for
				any reason more than five days is required to produce records, a department
				official shall acknowledge receipt of the request within the next five working
				days, and give a brief explanation of the reason for delay and an estimate of
				the date production or denial will be forthcoming.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				This department shall make available for public inspection and copying a
				current list, by subject matter, of all records filed with or kept by the
				department. The list shall be sufficiently detailed to permit a requester to
				identify the record sought.
(b) The
				said list shall be updated at least every six months and the date of the most
				recent updating shall appear on the first page.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any denial of access shall be in writing stating the reason therefor and
				advising the requester of his right to appeal to the individual designated to
				hear appeals.
(b) The Director of
				Administration, James Burnes, who is located at the main address of the
				department, is hereby designated to hear appeals from a denial of access to
				records. His number is (518) 457-2737.
(c) Any failure to provide requested records
				within five days of receipt of request, as set forth in this Part, shall be
				deemed a denial of access by the department.
(d) Any person denied access may appeal
				within 30 days of such denial to the aforementioned person designated to hear
				appeals.
(e) The time for deciding
				an appeal shall commence upon receipt, by the individual designated to hear
				appeals, of a written appeal identifying:
(1)
				the date of the request for records and to whom their questions were
				sent;
(2) the specific records to
				which the requester was denied access;
(3) the name and address of the appellant;
				and
(4) a copy of any written
				denial should accompany the appeal.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Except when a different fee is otherwise prescribed by
				  law:
(a) There shall be no fee charged
				for the following:
(1) inspection of
				records;
(2) search for records;
				and
(3) any certification pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
This department shall post in a conspicuous location at each
				  of its offices (Albany, Buffalo, New York City, Riverhead, Rochester and
				  Syracuse) the following information:
(a) the location where public records shall
				be made available for inspection and copying;
(b) the name, title, business address and
				telephone number of the department records access officer; and
(c) the right to appeal by any requester from
				denial of access to a record for whatever reason and the name and business
				address of the persons to whom any appeal is to be directed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.10 - Prevention of an unwarranted invasion of personal privacy

Current through Register Vol. 46, No. 28, July 10, 2024
The department may deny access to records or it may delete
				  identifying details of records to prevent an unwarranted invasion of personal
				  privacy including, but not limited to, the following situations:
(a) disclosure of such personal matters as
				may have been reported in confidence to the department and which are not
				relevant or essential to the ordinary work of the department;
(b) disclosure of employment, medical or
				credit histories or personal references of applicants for employment, except
				such records may be disclosed when the applicant has provided a written release
				permitting such disclosure;
(c) the
				sale or release of lists of names and addresses in the possession of the
				department if such lists would be used for private, commercial or fund-raising
				purposes;
(d) disclosure of items
				of a personal nature when disclosure would result in economic or personal
				hardship to the subject party and such records are not relevant or essential to
				the ordinary work of the department;
(e) disclosure of information that is:
(1) specifically exempted by
				statute;
(2) confidentially
				disclosed to an agency and compiled and maintained for the regulation of
				commercial enterprise, including trade secrets, or for the grant or review of a
				license to do business and if openly disclosed would permit an unfair advantage
				to competitors of the subject enterprise, but this exemption shall not apply to
				records the disclosure or publication of which is directed by other
				statute;
(3) part of an
				investigatory file compiled for law enforcement purposes or records relating to
				current penalty, hearing or matters in litigation.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provision of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York › Section 360.12 - Confidential records not subject to subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
The following proceedings, documents, papers, and records
				  filed or deposited with the department are received and accepted as being of a
				  confidential nature and when so received and accepted shall not be subject to
				  subpoena:
(a) All information
				regarding the financial standing or responsibility of an applicant for a
				license, permit or registration of any kind issued pursuant to the Agriculture
				and Markets Law, and all information regarding the financial standing or
				responsibility of any person holding a license, permit or registration of any
				kind issued by the department, except; however, that such information shall not
				be considered as of a confidential nature when needed by the commissioner:
(1) to consider an application for a license,
				permit or registration;
(2) to use
				in a departmental administrative hearing relating to the financial standing or
				responsibility of a person who has applied for or to whom a license, permit or
				registration has been issued;
(3)
				To consider the financial standing or responsibility of a person when it is an
				issue on the granting, suspending conditioning, limiting or revoking of a
				license, permit or registration; or
(4) with respect to milk dealer financial
				statements, the commissioner may, in his sole discretion, make available to
				insurers financial statements, or portions thereof, as are necessary of milk
				dealers participating in the milk producer security fund in order to obtain
				insurance coverage for the milk producers security fund.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 361 - Payment Of Moving Expenses Of Occupants Of Appropriated Property › Section 361.2 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Application for payment of moving expenses shall be made upon
				  forms prescribed by the commissioner and shall be accompanied by such
				  information and evidence as he may require and payment of such will be made to
				  eligible persons under the circumstances and to the extent set forth in this
				  Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 361 - Payment Of Moving Expenses Of Occupants Of Appropriated Property › Section 361.3 - Provisions applicable to both residential and commercial moves

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When there has
				been an approval of a property acquisition program and property appropriation
				maps have been filed in the Department of State and occupant of the property
				has been notified of such pending acquisition by the State or an agreement of
				purchase has been executed by the property owner and delivered to the State,
				the eligible persons are authorized to proceed with the relocation.
(b) Moving expenses shall not include any
				cost of construction or improvement at the new location to replace property for
				which compensation was made in the acquisition of right of way.
(c) In case of a partial taking of right of
				way by the State, removal from the area being acquired to a remainder area
				shall be considered a relocation eligible for the collection of moving expenses
				if removal of personal property of an eligible person is necessary.
(d) Moving expenses shall not include any
				indirect losses or losses due to negligence.
(e) Where an eligible individual or family
				occupy bona fide living quarters on the same premises as a business concern
				(including the operation of a farm) or a nonprofit organization they may be
				considered as a separate eligible person in determining the amount of payment
				for residential moving costs.
(f)
				After an eligible person has vacated the property, no moving expense payments
				will thereafter be eligible to any party with respect to the subsequent
				occupancy of the same property.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 361 - Payment Of Moving Expenses Of Occupants Of Appropriated Property › Section 361.4 - Provisions applicable only to commercial moves

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The relocation payments in which the
				State funds may participate may not exceed $3,000 in the case of an owner or
				tenant of commercial property which shall include property owned or occupied by
				an individual, family, business concern (including the operation of a farm),
				and nonprofit organization. In the case of a business organization, the
				distance, measured by a straight line, from the point from which such business
				or organization was displaced to the point of relocation, shall be regarded as
				follows: if this distance exceeds 50 miles, the amount in which State funds
				will participate shall not exceed the cost of moving 50 miles or shall not
				exceed the cost beyond the New York State boundary line; if such boundary is
				within 50 miles.
(b) In the case of
				moving a business concern, nonprofit organization or the operation of a farm,
				any necessary storage during the adjustment of improvements, but not in excess
				of six months, may be considered as part of the moving costs.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 361 - Payment Of Moving Expenses Of Occupants Of Appropriated Property › Section 361.5 - Provisions applicable only to residential moves

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The relocation payments in which the
				State funds may participate may not exceed $300 in the case of an individual or
				family occupying residential property and shall be made in accordance with the
				schedule of payments in fixed amounts as set forth herein, in lieu of payments
				of reasonable and necessary actual expenses.
(b) Providing a building or structure
				acquired by acquisition is returned to the owner under an agreement of
				adjustment as a part of the consideration in the claim, the owner will not be
				entitled to collect moving expenses unless all or a very substantial amount of
				their personal effects, furniture, and household equipment are removed from the
				structure before the building itself is moved, in which case the number of
				rooms where the furniture and household equipment are removed from will be
				counted in conformance with the schedule of fixed moving expenses outlined
				below.
(c) Providing an agreement
				of adjustment is made with the owner of a trailer or mobile home which has been
				acquired by the State as real property and the trailer or mobile home is
				returned to the owner under an agreement of adjustment as part of the
				consideration in the claim, no allowance will be made to the owner upon the
				removal of the entire trailer or mobile home from the premises unless it is
				necessary to remove all of their personal effects, household equipment and
				furniture from the trailer or mobile home before it is moved.
(d) Where more than one eligible individual
				or family occupy the same premises and moved to new locations, each eligible
				individual or family may qualify for relocation; however, their joint claim for
				moving expenses shall not exceed the fixed moving expenses for the total number
				of rooms occupied jointly by such persons.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 361 - Payment Of Moving Expenses Of Occupants Of Appropriated Property › Section 361.6 - Fixed moving expenses for residential individuals and families

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A flat fixed
				sum will be allowed for moving expenses (provided application therefor is made
				within six months of completion of move) based upon the terms and conditions of
				all of this Part to eligible persons which shall cover all items and
				incidentals necessary to the vacating of the premises acquired or being
				acquired by the State, according to the following number of counted rooms from
				which the individual or family moves:
Number of Counted
							 Rooms
Amount
1 .......
$ 45
1 1/2 .......
54
2 .......
63
2 1/2 .......
72
3 .......
81
3 1/2 .......
88
4 .......
95
4 1/2 .......
102
5 .......
108
5 1/2 .......
115
6 .......
122
6 1/2 .......
129
7 .......
135
7 1/2 .......
142
8 .......
149
8 1/2 .......
156
9 .......
162
9 1/2 .......
169
10 .......
176
10 1/2 .......
183
11 .......
189
11 1/2 .......
196
12 .......
203
12 1/2 .......
210
13 .......
216
13 1/2 .......
223
14 .......
230
14 1/2 .......
237
15 .......
243
15 1/2 .......
250
16 .......
257
16 1/2 .......
264
17 .......
270
17 1/2 .......
277
18 .......
284
18 1/2 .......
291
19 .......
297
19 1/2 and over .......
300
(b)
				Tenants in furnished rooms, furnished apartments, and housetrailers where the
				principal household furniture and equipment is owned by the operator of such a
				facility and when such tenant furnishes and uses in such facilities a nominal
				amount of his own household equipment, under such circumstances an individual
				upon proper application and verification of the claim will be paid $10 upon
				vacating the premises and two or more persons occupying such facilities as a
				family and who own and use a nominal amount of their own furniture and
				household equipment will be paid $20 upon vacating the facility.
(c) When a trailer is owner occupied and it
				is affixed to the ground and determined to be real property and compensated for
				in the acquisition as such, the owner will be allowed the fixed sum of $50 for
				vacating and removing all of their own personal effects that are not considered
				part of the realty.
(d) In the case
				of a typical trailer park, where a trailer owner is "hitched" to the local
				water and electric supply and occupies space on a weekly, monthly or term lease
				rental basis, such a trailer owner when ordered to remove to clear the site of
				the project will be eligible to collect the flat sum of $50 to move his entire
				trailer, equipment and appurtenances from the premises.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 361 - Payment Of Moving Expenses Of Occupants Of Appropriated Property › Section 361.7 - Actual moving expenses for business concerns

Current through Register Vol. 46, No. 28, July 10, 2024
Moving expenses for business concerns, nonprofit
				  organizations and operation of a farm will be on actual costs based upon
				  receipted bills from recognized movers or in the case of an owner or tenant
				  performing the moving himself, it would be on an actual cost of hiring
				  equipment and personnel at prevailing rates in the community for that type of
				  equipment and personnel. All books and records kept by the owner or tenant
				  shall be subject to review and audit by a State representative during
				  reasonable business hours all of which shall be documented in forms agreeable
				  to the Superintendent of Public Works. Such moving costs shall not include the
				  moving of any fixtures or equipment that were considered as part of the realty
				  in the acquisition of the premises and likewise such costs shall not include
				  any charges at the new location for electric wiring, or plumbing nor for the
				  remodeling, redecorating or reinforcing of the new structure to accommodate the
				  equipment or stock of the individual business concern, nonprofit organization
				  or in the operation of a farm. Whenever moving is performed by a licensed mover
				  operating under regulatory authority, the amount paid as reimbursement for
				  actual moving expenses shall not be in excess of th tariffs filed by such mover
				  with either the Interstate Commerce Commission or the State Public Service
				  Commission as the case may be.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 362 - New York State Environmental Quality Review Act Implementation › Section 362.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to carry out the legislative
				  policy expressed in the New York State Environmental Quality Review Act of
				  maintaining a healthful environment for the people of the State of New York,
				  preventing deterioration in the quality of the environment and of requiring
				  consideration of possible significant environmental consequences before action
				  is taken.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 362 - New York State Environmental Quality Review Act Implementation › Section 362.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of the regulations set forth in this Part,
				  these terms are defined as follows:
(a) The term SEQR means the New York State
				Environmental Quality Review Act.
(b) The term ENCON means the New York State
				Department of Environmental Conservation.
(c) The term EIS means an environmental
				impact statement required by SEQR (as implemented by the rules and regulations
				of ENCON).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 362 - New York State Environmental Quality Review Act Implementation › Section 362.3 - Types of department actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As required by SEQR, this department has
				reviewed its statutory authority, regulations, policy, procedures, and the
				various types of actions with which it is involved. In the light of such
				review, the department has determined that its actions (with the exception of
				future capital construction projects) fall within the following categories:
(1) consumer protection;
(2) economic regulation;
(3) prevention and control of plant and
				animal diseases, and human diseases which are transmitted or vectored by food
				or animals; and
(4) promotion, and
				marketing assistance to agriculture. The department finds that all of its
				actions are Type II actions as defined by section
				617.12
				of Title 6 and do not have a significant effect upon the environment within the
				meaning of SEQR and the regulations of ENCON adopted pursuant thereto, and
				therefore do not require an EIS.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 362 - New York State Environmental Quality Review Act Implementation › Section 362.4 - Capital construction projects

Current through Register Vol. 46, No. 28, July 10, 2024
With respect to future capital construction projects which
				  may have a significant effect upon the environment, all applicable provisions
				  of SEQR and Part 617 of Title 6 will be followed by the
				  department.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.1 - 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, unless the context clearly indicates otherwise:
(a) Committee means the Soil and Water
				Conservation Committee of the State of New York.
(b) Department means the Department of
				Agriculture and Markets of the State of New York.
(c) District means a soil and water
				conservation district in the State of New York.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.2 - Reimbursement applicability -part A

Current through Register Vol. 46, No. 28, July 10, 2024
Districts shall be eligible for reimbursement by the State to
				  the extent of 50 percent of the amount expended by the district, up to $60,000
				  per district in any fiscal year, for the employment of conservation field
				  technicians or district managers and the purchase of supplies and equipment
				  related to these positions, for the purpose of supervising or providing
				  technical assistance for the establishment and implementation of soil and water
				  conservation practices in accordance with programs undertaken by the district
				  pursuant to the provisions of section 11-a(1)( a) of the New York State Soil
				  and Water Conservation Districts Law. For the purposes of this section, the
				  soil and water conservation district of New York City shall be considered the
				  equivalent of five districts.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.3 - Filing of reimbursement request

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each district, utilizing a form provided
				by the committee, shall submit to the committee at the department's of- fices
				at 10B Airline Drive, Albany, NY 12235, detailed and verified claim for
				reimbursement by February 15th in any year for the calendar year immediately
				preceding.
(b) The district shall
				identify the expenditures in the Eligible Expenditures report for
				reimbursement. The Eligible Expenditures report and voucher for reimbursement,
				along with a copy of the annual financial report, shall be submitted to the
				committee for review and approval. The committee shall forward [the report and]
				the vouchers to the department for further processing.
(c) Eligible expenditures include items from
				the ''Uniform System of Accounts for Soil and Water Conservation Districts''
				prepared by the Office of the New York State Comptroller, Division of Local
				Government and School Accountability, Albany, NY 12225, as last
				amended.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.4 - Proration of reimbursement claims if in excess of appropriation

Current through Register Vol. 46, No. 28, July 10, 2024
If the total eligible amounts claimed for reimbursement, as
				  approved by the committee and the department, exceed the appropriation
				  therefor, each district would be reimbursed a pro rata amount equivalent to the
				  percentage arrived at by dividing the appropriation by the total eligible
				  reimbursement. For example, if there is a total of $120,000 eligible
				  reimbursement expenditures from districts, and the appropriation is $80,000,
				  each district would receive two thirds of the amount it would be otherwise
				  eligible for.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.5 - Conservation project financial assistance - Part B

Current through Register Vol. 46, No. 28, July 10, 2024
The State shall provide financial assistance to districts,
				  within amounts available, for up to $6,000 annually for the purposes of
				  carrying out projects which conserve, restore and enhance the soil and water
				  resources of the State; assist in the implementation of agricultural best
				  management practices; prevent and reduce agricultural and non-agricultural
				  non-point source water pollution; assist in the control of floods and mitigate
				  flood damage; protect and restore streams and wetlands; protect and restore
				  wildlife and aquatic habitat; assist in the drainage of agricultural lands;
				  prevent impairment of dams and reservoirs; control stormwater run-off,
				  including from construction sites; assist in maintaining the navigability of
				  rivers and harbors; reduce agriculturally generated air pollution; assist the
				  agricultural production of green energy; protect open space; collect and
				  dispose of pesticides; manage public lands; and protect and manage rural and
				  urban forests pursuant to the provisions of section 11-a(1)(b) of the New York
				  State Soil and Water Conservation Districts Law. For the purposes of this
				  funding, the soil and water conservation district of New York City shall be
				  considered the equivalent of five districts.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.6 - Proration of conservation financial assistance

Current through Register Vol. 46, No. 28, July 10, 2024
If the total eligible amounts claimed for conservation
				  project financial assistance, as approved by the committee and the de partment,
				  exceed the appropriation after reimbursements have been made therefor, each
				  district would be awarded a prorata amount equivalent to the percentage arrived
				  at by dividing the appropriation by the total eligible amount. For example, if
				  the total eligible amount is $120,000 and the appropriation is $80,000, each
				  district would receive two thirds of the amount it would be otherwise eligible
				  for.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.7 - Filing conservation project financial assistance request

Current through Register Vol. 46, No. 28, July 10, 2024
Each district, utilizing a form provided by the committee,
				  shall submit to the committee at the department's offices at 10B Airline Drive,
				  Albany, NY 12235, a conservation financial assistance request pursuant to this
				  section by November 1st in any year. The information to be submitted by the
				  district shall include, but not be limited to, a description and a budget for
				  an eligible project(s).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.8 - Conservation project financial assistance final report

Current through Register Vol. 46, No. 28, July 10, 2024
Each district, utilizing a form provided by the committee, s
				  hall submit to the committee at the department's offices at 10B Airline Drive,
				  Albany, NY 12235, a conservation project financial assistance final report
				  pursuant to this section by February 15th in any year. The information to be
				  submitted by the district shall include, but not be limited to, a description
				  and a budget for which the funding was expended based on the preapproved
				  project request.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.9 - Performance based conservation financial assistance - Part C

Current through Register Vol. 46, No. 28, July 10, 2024
The State shall provide financial assistance, within amounts
				  available, to districts that qualify pursuant to performance standards to be
				  established by the soil and water conservation committee and the commissioner
				  of the department of agriculture and markets, pursuant to the provisions of
				  section 11-a(1)(c) of the New York State Soil and Water Conservation Districts
				  Law . For the purposes of this section the soil and water conservation district
				  of New York City shall be considered the equivalent of one
				  district.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.11 - Filing performance based conservation financial assistance report

Current through Register Vol. 46, No. 28, July 10, 2024
Each district, utilizing a form provided by the committee,
				  shall submit to the committee headquarters at 10B Airline Drive, Albany, NY
				  12235, a detailed and verified report pursuant to this section by February 15th
				  in any year of the district's performance for the previous calendar
				  year.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.12 - Performance based conservation financial assistance final report

Current through Register Vol. 46, No. 28, July 10, 2024
Each district, utilizing a form provided by the committee,
				  shall submit to the committee headquarters at 10B Airline Drive, Albany, NY
				  12235, an annual report of the activities, for which the financial assistance
				  was expended the previous calendar year.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 363 - State Aid To Soil And Water Conservation Districts › Section 363.13 - Limitation of obligation of state aid to soil and water conservation districts

Current through Register Vol. 46, No. 28, July 10, 2024
Funding pursuant to this Part shall be provided only to the
				  extent that there is an appropriation made by the New York State Legislature to
				  the department and the committee for this purpose.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 364 - Rental Of Buildings And Grounds Owned By The Department Of Agriculture And Markets › Section 364.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Agriculture and Markets of the State of New
				  York (department), acting by and through the Commissioner of Agriculture and
				  Markets (commissioner) or his duly authorized representative, may make
				  available for use, by State and local government and private parties, buildings
				  and grounds owned or leased by the department.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 364 - Rental Of Buildings And Grounds Owned By The Department Of Agriculture And Markets › Section 364.2 - Availability of buildings and grounds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The availability for use of any
				buildings, grounds or portions thereof, shall be determined by the commissioner
				in his sole discretion.
(b)
				Buildings and grounds may be available for use subject to all terms and
				conditions contained in the department's standard use agreement.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 364 - Rental Of Buildings And Grounds Owned By The Department Of Agriculture And Markets › Section 364.3 - Requests for use

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for use of buildings and grounds may be made to the
				  commissioner or his duly authorized representative. The request shall
				  specifically identify the buildings, grounds or portions thereof to be used,
				  the purpose and duration of the use, and shall include the name, address and
				  telephone number of the individual making the request and the name, address and
				  telephone number of the person, party or governmental entity which will use the
				  buildings and grounds.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 364 - Rental Of Buildings And Grounds Owned By The Department Of Agriculture And Markets › Section 364.4 - Agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each and every
				use of buildings and grounds owned or controlled by the department shall be
				upon such terms and conditions contained in an agreement to be furnished by the
				department.
(b) No alteration or
				modification of the agreement is permitted without the prior written consent of
				the commissioner or his duly authorized representative.
(c) Use or occupancy of any buildings and
				grounds owned or controlled by the department shall not be permitted prior to
				execution of the agreement.
(d) Use
				charges will reflect charges for the space occupied and, if practical, charges
				for utilities and other services provided to the user.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 364 - Rental Of Buildings And Grounds Owned By The Department Of Agriculture And Markets › Section 364.5 - Off-season use of buildings and grounds at the new york state fairgrounds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Buildings and
				grounds at the New York State Fairgrounds, Syracuse, N.Y., may be available
				when not in use for the annual New York State Fair or other events sponsored by
				the department.
(1) A listing of the available
				buildings and grounds and rate schedule is available from the business manager
				of the New York State Fair.
(2) The
				rate schedule shall be approved annually by the commissioner and shall be
				effective for a 12-month fiscal year commencing April 1st and ending on the
				following March 31st. No deviation from the rate schedule shall be allowed
				except upon the written authorization of the Commissioner of Agriculture and
				Markets or his duly authorized representative.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 364 - Rental Of Buildings And Grounds Owned By The Department Of Agriculture And Markets › Section 364.6 - Waiver of charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Charges for the use of buildings and grounds may be waived by the commissioner
				upon receipt of a written request from the prospective user stating the grounds
				for the requested waiver. The grounds upon which a waiver request may be based
				include, but are not limited to, the rendition of services to the department or
				the New York State Fair by the prospective user, or that the proposed use will
				benefit, either directly or indirectly, the statutorily identified objectives
				of the department.
(b) The director
				of the State Fair may waive charges for the use of buildings and grounds at the
				New York State Fairgrounds by a State or local agency or State or local
				governmental entity upon receipt of a written request from the prospective
				user.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 364 - Rental Of Buildings And Grounds Owned By The Department Of Agriculture And Markets › Section 364.7 - Use of exhibit space during the annual new york state fair

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exhibit space, as available, may be used
				during the annual New York State Fair.
(b) Written application for such use shall be
				made in writing to the Business Manager, New York State Fairgrounds, Syracuse,
				N.Y.
(c) Applications may be
				granted, in the sole discretion of the commissioner or his duly authorized
				representative, based upon the availability, purpose and activity proposed to
				be conducted by the user, giving consideration to the principle that the annual
				New York State Fair is the showplace of New York agriculture and
				commerce.
(d) Applications will be
				considered in the order in which they are received.
(e) Preference will be given to applicants
				who have previously exhibited at the Fair and have fully complied with the
				terms and conditions of the agreement.
(f) All users shall execute a standard form
				"Space and Privilege Agreement" provided by the department.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 365 - Access To Records Pursuant To The Personal Privacy Protection Law › Section 365.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the procedures governing requests made
				  by data subjects, as defined herein, to the department pursuant to Public
				  Officers Law, article 6-A, known as the Personal Privacy Protection Law for
				  access to department records pertaining to said data subjects and the
				  procedures governing the retention and timely disposal of records pursuant to
				  said article. This Part is promulgated pursuant to subdivision 2 of section 94  of the Public Officers Law and paragraph
				  (i) of subdivision 1 of said section, which requires each agency maintaining a
				  system of records to promulgate rules setting forth such
				  procedures.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 365 - Access To Records Pursuant To The Personal Privacy Protection Law › Section 365.2 - 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) Department
				means the Department of Agriculture and Markets of the State of New
				York.
(b) Commissioner means the
				Commissioner of Agriculture and Markets of the State of New York.
(c) Main address means Building 8, State
				Campus, Albany, N.Y. 12235.
(d)
				Regional office means one of the following regional offices of the department:
(1) New York City Regional Office, 50th
				Floor, Two World Trade Center, New York, N.Y. 10047.
(2) Syracuse Regional Office, 2100 Park
				Street, Syracuse, N.Y. 13208.
(3)
				Buffalo Regional Office, 125 Main Street, Buffalo, N.Y. 14203.
(4) Rochester Regional Office, 900 Jefferson
				Road, Rochester, N.Y. 14623.
(5)
				Riverhead Regional Office, 127 East Main Street, Riverhead, N.Y.
				11901.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 365 - Access To Records Pursuant To The Personal Privacy Protection Law › Section 365.3 - Procedure for determining existence of record

Current through Register Vol. 46, No. 28, July 10, 2024
The procedure by which a data subject may learn if a system
				  of records contains any record pertaining to him or her shall be the same as
				  that set forth in this Part for making a request for a
				  record.