reglab/statecodes huggingface dataset:
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 365.4 - Request for record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				request from a data subject for access to a record pertaining to him or her
				shall be made in writing to the department's privacy compliance officer at the
				main office of the department and shall reasonably describe the record sought
				provided that the department may make a record available upon oral
				request.
(b) Requests from data
				subjects for access to records shall be accepted by the department during
				normal business hours.
(c) Upon
				receipt of an oral or written request from a data subject for access to a
				record pertaining to him or her, the department may require the data subject to
				produce proof of identity, such as a driver's license or other identification,
				which verifies the identity of the data subject making the request. The
				department may require that said proof of identity be produced during normal
				business hours at a location near the residence of the data subject, such as
				the nearest regional office of the department, whenever reasonable, or by mail.
				When production of proof of identity at such a location or by mail would not be
				reasonable, the department may require that proof of identity be produced
				during normal business hours at the main office of the department.
(d) Within five business days of the receipt
				of a written request from a data subject for a record reasonably described
				pertaining to that data subject, the department shall:
(1) make such record available to the data
				subject;
(2) deny such request in
				whole or in part and provide the reasons therefor in writing; or
(3) furnish a written acknowledgment of the
				receipt of such request and a statement of the approximate date within 30 days
				of the date of acknowledgment, that the request will be decided.
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 365.5 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of receipt of a written request from
				  a data subject for correction or amendment of a record or personal information,
				  reasonably described, pertaining to that data subject, which he or she believes
				  is not accurate, relevant, timely or complete, the department shall:
(a) make the correction in whole or in part
				and inform the data subject that upon his or her request such correction or
				amendment will be provided to any or all persons or governmental units to which
				the record or personal information has been or is disclosed, pursuant to
				paragraph (c) of subdivision 3 of section 94  of the Public Officers Law; or
(b) inform the data subject of its refusal to
				correct or amend the record and its reasons therefor.
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 365.6 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any data
				subject whose request under section
				365.4 or
				365.5  of
				this Part is denied in whole or in part may, within 30 business days, appeal
				such denial in writing to the commissioner or the department's reviewing
				official at the department's main address. The commissioner or reviewing
				official shall, within seven business days of the receipt of an appeal
				concerning denial of access, or within 30 business days of the receipt of an
				appeal concerning denial of correction or amendment either:
(1) provide access to or correction or
				amendment of the record sought and inform the data subject that upon his or her
				request, such correction or amendment will be provided to any or all persons or
				governmental units to which the record or personal information has been or is
				disclosed, pursuant to paragraph (c) of subdivision 3 of section 94  of the Public Officers Law; or
(2) fully explain in writing to the data
				subject the factual and statutory reasons for further denial and inform the
				data subject of his or her right to seek judicial review of the department's
				determination pursuant to section 97  of the Public Officers Law.
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 365.7 - Retention and timely disposal of records

Current through Register Vol. 46, No. 28, July 10, 2024
Department records shall be retained and timely disposed of
				  pursuant to section 186 of the State Finance Law and the regulations
				  promulgated thereunder, 9 NYCRR 295, paragraph (e) of subdivision 1 of section 94  of the Public Officers Law and paragraph
				  (b) of subdivision 3 of said section.
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 365.8 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to
				paragraph (a) of subdivision 5 of section 95  of the Public Officers Law, unless access
				by a data subject is otherwise authorized or required by law, personal
				information compiled for law enforcement purposes is exempt from the operation
				of said section and from the operation of this Part, which is promulgated to
				implement said section, if such information would, if disclosed:
(1) interfere with law enforcement
				investigations or judicial proceedings;
(2) deprive a person of a right to a fair
				trial or impartial adjudication;
(3) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(4) reveal criminal
				investigative techniques or procedures except routine techniques and
				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 365.9 - 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 provisions 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 366 - Department Employees Designated As Peace Officers › Section 366.1 - Department employees designated as peace officers

Current through Register Vol. 46, No. 28, July 10, 2024
Employees working in the Department of Agriculture and
				  Markets under the title of Confidential Investigator are hereby designated as
				  peace officers pursuant to Criminal Procedures Law, section
				  2.10(6).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.1 - 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:
(a) Department
				means the New York State Department of Agriculture and Markets.
(b) Adjudicatory proceeding means any
				activity in which a determination of the legal rights, duties or privileges of
				named parties thereto is required by law to be made only on a record and after
				an opportunity for a hearing, provided that rule making proceedings and
				employee disciplinary actions before the department shall not be adjudicatory
				proceedings for the purposes of this Part.
(c) Person means any individual, partnership,
				corporation, association or public or private organization of any character
				other than the department.
(d)
				Party means any person or agency named or admitted as a party or properly
				seeking and entitled as of right to be admitted as a party; but nothing herein
				shall be construed to prevent the department from admitting any person or
				agency as a party for limited purposes.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.2 - Opportunity for hearing

Current through Register Vol. 46, No. 28, July 10, 2024
In an adjudicatory proceeding, all parties shall be afforded
				  an opportunity for hearing within a reasonable time, said time to be, unless
				  otherwise provided by statute or regulation, 120 days from the department's
				  receipt of a complete application for a license or permit or other accrual of a
				  right to an opportunity to be heard, or in a proceeding to consider suspending
				  or revoking an existing license or permit, from the department's issuance of a
				  notice of hearing, provided that the department may extend said period for good
				  cause, including but not limited to the need for further investigation, pending
				  judicial proceedings, the convenience of witnesses, parties, department
				  personnel and hearing officers, or extraordinary circumstances, and further
				  provided that this section shall be directional rather than jurisdictional and
				  shall not affect or impair in any way the validity of any adjudicatory
				  proceeding.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.3 - Notice

Current through Register Vol. 46, No. 28, July 10, 2024
All parties shall be given reasonable notice of an
				  adjudicatory hearing, which notice shall include the following:
(a) a statement of the time, place, and
				nature of the hearing;
(b) a
				statement of the legal authority and jurisdiction under which the hearing is to
				be held;
(c) a reference to the
				particular sections of the statutes and rules involved, where
				possible;
(d) a clear and detailed
				statement of all allegations and matters asserted; and
(e) a statement that interpreter services
				shall be made available to deaf persons at no charge pursuant to section 301 of
				the State Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.4 - More definite and detailed statement

Current through Register Vol. 46, No. 28, July 10, 2024
Upon application of any party, a more definite and detailed
				  statement shall be furnished whenever the department finds that the statement
				  is not sufficiently definite or not sufficiently detailed. The finding of the
				  department as to the sufficiency of definiteness or detail of the statement or
				  its failure or refusal to furnish a more definite or detailed statement shall
				  not be subject to judicial review. Any statement furnished shall be deemed, in
				  all respects, to be a part of the notice of hearing.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.5 - Opportunity to present written argument

Current through Register Vol. 46, No. 28, July 10, 2024
All parties shall be afforded an opportunity to present
				  written argument on issues of law and an opportunity to present evidence and
				  such argument on issues of fact; provided, however, that nothing contained
				  herein shall be construed to prevent the department from allowing parties to
				  present oral argument within a reasonable time. In fixing the time and place
				  for hearings and oral argument, due regard shall be had for the convenience of
				  the parties. Parties may also file answers and responsive
				  pleadings.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.6 - Appointment of interpreter

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever any deaf person is a party to an adjudicatory
				  proceeding before the department, or a witness therein, the department shall in
				  all instances appoint a qualified interpreter of the deaf to interpret the
				  proceedings to, and the testimony of, such deaf person. The department shall
				  determine a reasonable fee for all such interpreting services which shall be a
				  charge upon the department.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.7 - Disposition

Current through Register Vol. 46, No. 28, July 10, 2024
Unless precluded by statute, disposition may be made of any
				  adjudicatory proceeding by stipulation, agreed settlement, consent order,
				  default or other informal method, provided that nothing herein shall be
				  construed to require any such disposition.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.8 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record in
				an adjudicatory proceeding shall include:
(1)
				all notices, pleadings, motions, intermediate rulings;
(2) the evidence presented;
(3) a statement of matters officially
				noticed, except matters so obvious that a statement of them would serve no
				useful purpose.
(4) questions and
				offers of proof, objections thereto, and rulings thereon;
(5) proposed findings and exceptions, if
				any;
(6) any findings of fact,
				conclusions of law or other recommendations made by a hearing officer;
				and
(7) any decision,
				determination, opinion, order or report rendered.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.9 - Hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided by statute, the department, one
				  or more members of the department, or one or more hearing officers designated
				  and empowered by the department to conduct hearings shall preside as hearing
				  officers. Hearings shall be conducted in an impartial manner. Upon filing in
				  good faith by a party of a timely and sufficient affidavit of personal bias or
				  disqualification of a hearing officer, the department shall determine the
				  matter as part of the record in the case, and its determination shall be a
				  matter subject to judicial review at the conclusion of the adjudicatory
				  proceedings. Whenever a hearing officer is disqualified or it become
				  impractical for him to continue the hearing, another hearing officer may be
				  assigned to continue with the case unless it is shown that substantial
				  prejudice will result therefrom.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.10 - Powers of hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided by statute, hearing officers are
				  authorized to:
(a) administer oaths
				and affirmations;
(b) sign and
				issue subpoenas in the name of the department at the request of any party
				requiring attendance and giving of testimony by witnesses and the production of
				books, papers, documents and other evidence and said subpoenas shall be
				regulated by the Civil Practive Law and Rules, provided that nothing contained
				herein shall affect the authority of an attorney for a party to issue subpoenas
				under the provisions of the Civil Practice Law and Rules;
(c) provide for the taking of testimony by
				deposition;
(d) regulate the course
				of the hearings, set the time and place for continued hearings, and fix the
				time for filing of briefs and other documents, if any; and
(e) direct the parties to appear and confer
				to consider the simplification of the issues by consent by the parties,
				provided that nothing herein shall be construed as requiring any such
				directives.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.11 - Burden of proof

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided by statute, the burden of proof
				  shall be on the party who initiated the proceeding. No decision, determination
				  or order shall be made except upon consideration of the record as a whole or
				  such portion thereof as may be cited by any party to the proceeding and except
				  where otherwise provided by statute, as supported by and in accordance with
				  substantial evidence.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.12 - Rules of evidence

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise provided by any statute the rules of
				  evidence observed by courts need not be observed, but the rules of privilege
				  recognized by law shall be given effect. Objections to evidentiary offers may
				  be made and shall be noted in the record. Irrelevant or unduly repetitious
				  evidence or cross-examination may be excluded. Subject to these requirements,
				  for the purpose of expediting hearings and when the interests of parties will
				  not be substantially prejudiced thereby, the submission of all or part of the
				  evidence in written form may be permitted, provided that nothing herein shall
				  be construed as requiring that such a submission be
				  permitted.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.13 - Documentary evidence

Current through Register Vol. 46, No. 28, July 10, 2024
Evidence, including records and documents in the possession
				  of the department of which the department desires to avail itself shall be
				  offered and made a part of the record, and all such documentary evidence may be
				  received in the form of copies or excerpts or by incorporation by reference,
				  provided that materials incorporated by reference shall be available for
				  examination by the parties before being received in evidence.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.15 - Official notice

Current through Register Vol. 46, No. 28, July 10, 2024
Official notice may be taken of all facts of which judicial
				  notice could be taken and of other facts within the specialized knowledge of
				  the department. When official notice is taken of a material fact not appearing
				  in the evidence in the record and of which judicial notice could not be taken,
				  every party shall be given notice thereof and shall on timely request be
				  afforded an opportunity prior to decision to dispute the fact or its
				  materiality.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.16 - Decisions, determination and orders

Current through Register Vol. 46, No. 28, July 10, 2024
A final decision, determination or order adverse to a party
				  in an adjudicatory proceeding shall be in writing or stated in the record and
				  shall include findings of fact and conclusions of law or reasons for the
				  decision, determination or order. Findings of fact, if set forth in statutory
				  language, shall be accompanied by a concise and explicit statement of the
				  underlying facts supporting the findings. A copy of the decision, determination
				  or order shall be delivered or mailed forthwith to each party and to his
				  attorney of record.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.17 - Ex parte communications

Current through Register Vol. 46, No. 28, July 10, 2024
Unless required for the disposition of ex parte matters
				  authorized by law, members or employees of the department assigned to render a
				  decision or to make findings of fact and conclusions of law in an adjudicatory
				  proceeding shall not communicate directly or indirectly, in connection with any
				  issue of fact, with any person or party, nor in connection with any issue of
				  law, with any party or his representative, except upon notice and opportunity
				  for all parties to participate. Members and employees of the department may
				  communicate with other members and employees of the department, and may have
				  the advice of department staff other than staff which has been or is engaged in
				  the investigative or prosecuting functions in connection with the case under
				  consideration or factually related cases.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 367 - Procedures On Adjudicatory Proceedings And Appeals › Section 367.18 - Index of decisions, determinations and orders

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall maintain an index by name and subject of
				  all written final decisions, determinations and orders rendered by the
				  department in adjudicatory proceedings. Such index and the text of any such
				  written final decision, determination or order shall be available for public
				  inspection and copying. Each decision, determination and order shall be indexed
				  within 60 days after having been rendered. The department may delete from any
				  such index, decision, determination or order any information that, if
				  disclosed, would constitute an unwarranted invasion of personal privacy under
				  the provisions of subdivision 2 of section 89  of the Public Officers Law and may also
				  delete at the request of any person all references to trade secrets that, if
				  disclosed, would cause substantial injury to the competitive position of such
				  person. Information which would reveal confidential material protected by
				  Federal or State statute, shall be deleted from any such index, decision,
				  determination or order.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 368 - Procedures For Declaratory Rulings › Section 368.1 - General procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Petitions submitted pursuant to the State
				Administrative Procedure Act requesting the discretionary issuance of a
				declaratory ruling shall be in writing, subscribed by the petitioner and
				submitted to the Counsel of the Department of Agriculture and Markets either
				personally or by first-class mail addressed to the Counsel at the main offices
				of the department, One Winners Circle, Capital Plaza, Albany, NY
				12235.
(2) The petition shall
				include the name and address of the petitioner, a statement that a declaratory
				ruling is requested, a reference to the applicable rule, statute or action
				involved, a complete statement of the facts and circumstances prompting the
				petition, a full disclosure of petitioner's interest in the ruling and a
				reference to any pending administrative or judicial proceedings known to the
				petitioner involving the same or similar facts or issues, and any other
				information known by the petitioner to be relevant to consideration of the
				ruling requested. When a petition pertains to only one step of a larger
				transaction or fact situation, all relevant facts and circumstances with
				respect to that larger transaction or fact situation shall be included in the
				petition.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 369 - Exhibition And Solicitation At The New York State Fair › Section 369.1 - Soliciting at New York State Fair

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, §§ 18 and 31-b
No person, partnership, corporation or other entity shall
				  sell or offer for sale any article or service, solicit funds or distribute or
				  display handbills, cards or advertisements of any nature, or engage in any
				  business or commercial activity of any nature on or within the limits of the
				  New York State Fairgrounds, unless licensed by the New York State Department of
				  Agriculture and Markets, Division of the State Fair, to do so. Application for
				  such license shall be made to the Director of the Division of the State Fair,
				  Syracuse, New York.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 369 - Exhibition And Solicitation At The New York State Fair › Section 369.2 - Issuance of solicitor's license

Current through Register Vol. 46, No. 28, July 10, 2024
Licenses shall be issued in the order in which applications
				  are received and on a nondiscriminatory basis, without regard to the content of
				  the message the applicant wishes to convey, except in the case where such
				  message is clearly against public policy, shocks the collective conscience of
				  the general public, or is directly contrary to the health, safety or welfare of
				  members of the general public. However, at no time shall one type of exhibition
				  become so dominant over the whole so as to prevent the Division of the State
				  Fair from offering a varied and effective group of
				  exhibitions.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 369 - Exhibition And Solicitation At The New York State Fair › Section 369.3 - Denial or revocation of solicitor's license

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of the Division of the State Fair may decline to
				  grant a solicitor's license, or may suspend or revoke a license already
				  granted, whenever he finds that:
(a)
				any statement contained in the application for the license is or was false or
				misleading;
(b) the applicant or
				licensee does not have adequate equipment, personnel or insurance to conduct
				the proposed activity;
(c) the
				facilities of the fairgrounds are not adequate to accommodate the proposed
				activity;
(d) the activity proposed
				or conducted by the applicant or licensee is in violation of any provision of
				State, Federal or local law or regulation; or
(e) the applicant or licensee, its agents or
				employees have violated any rule or regulation of the New York State Department
				of Agriculture and Markets relating to the New York State Fair.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 369 - Exhibition And Solicitation At The New York State Fair › Section 369.5 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
The violation of any of the foregoing rules and regulations
				  by a licensee, its agents or employees, shall be grounds for the denial,
				  suspension or revocation of its solicitor's license and the exclusion of the
				  licensee, its agents and employees, from the New York State Fairgrounds. The
				  applicant or licensee shall have the right to appeal the denial, suspension or
				  revocation of a solicitor's license, provided that a notice of appeal is
				  delivered to the deputy commissioner of the Department of Agriculture and
				  Markets in charge of the State Fair or, in his absence, any other person
				  designated by the Commissioner of Agriculture and Markets to hear such appeals,
				  within 10 days of said denial, suspension or revocation. The notice of appeal
				  shall be in writing and shall state the grounds upon which the appeal is based.
				  Said deputy commissioner or other designated person shall render a decision on
				  the appeal and notify the applicant or licensee in writing of that decision
				  within 15 days of his receipt of the notice of appeal. Said decision shall give
				  the ground or grounds for the action taken on the appeal.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.3 - State land classification system technical committee

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall appoint a State land classification
				  system technical committee. The members shall serve without salary but shall be
				  entitled to reimbursement of their ordinary and necessary travel expenses. It
				  shall be made up of at least one representative from the department, the New
				  York State College of Agriculture and Life Science, the Soil Conservation
				  Committee, the United States Department of Agriculture - Soil Conservation
				  Service, the State Soil and Water Conservation Committee, the New York State
				  Board of Equalization and Assessment and such other members as deemed
				  appropriate. The commissioner shall appoint a chairperson. The committee, at
				  the request of the commissioner, shall provide technical advice to the
				  department, the county soil and water conservation districts, and other
				  involved agencies and shall review county master lists of soil groups to insure
				  consistency within the State system.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.4 - State master list of agricultural soil groups

Current through Register Vol. 46, No. 28, July 10, 2024
The master list of agricultural soil groups for New York
				  State's agricultural land, established and maintained by the department, shall
				  be a list of New York soil map units placed into soil groups, including any
				  subdivisions thereof, based on data developed by the National Cooperative Soil
				  Survey (NCSS) and research data. The master list is established in cooperation
				  with: U.S.D.A. Soil Conservation Service, Cornell University Agricultural
				  Experiment Station and the New York State Cooperative Extension Service using
				  the productivity index system established by section
				  370.6 
				  of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.5 - Review and adoption of county master lists of agricultural soil groups

Current through Register Vol. 46, No. 28, July 10, 2024
The county soil and water conservation districts in
				  consultation with the county agricultural districting advisory committee, if
				  such a committee has been established, shall review and adopt a county master
				  list of agricultural soil groups consistent with the applicable State lists or
				  maps.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.6 - Soil productivity index system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The soil productivity index system shall
				be used to rank and classify soil map units, representing mineral soils or
				subdivisions thereof, and classified pursuant to section
				370.8  of
				this Part into mineral soil groups 1 through 10. The commissioner shall assign
				a specific soil productivity index to each such soil map unit as follows:
(1) A soil map unit that represents the
				mineral soil that is determined to be capable of producing the most tons of TDN
				per acre per year shall be assigned a soil productivity index of 100. For the
				purpose of this paragraph, such soil map unit shall be known as the base soil
				map unit.
(2) In the case of all
				other soil map units representing mineral soils, the soil productivity index to
				be assigned to an individual soil map unit shall be determined by:
(i) dividing the number of tons of TDN per
				acre per year that the soil map unit is determined to be capable of producing
				by;
(ii) the number of tons of TDN
				per acre per year that the base soil map unit is determined to be capable of
				producing; and
(iii) by multiplying
				the resulting quotient by 100.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.7 - Criteria for ranking organic soils

Current through Register Vol. 46, No. 28, July 10, 2024
Organic soils shall be grouped according to the following
				  criteria:
Group A- Soils that have muck 51 inches deep or deeper, have
				  adequate drainage and 10-year or better flood protection.
Group B- Soils that have muck 16 inches to 51 inches deep, at
				  least 10 year flood protection and adequate drainage.
Group C- Soils that have muck 51 inches deep or deeper, are
				  either subject to flooding one year out of five years or are inadequately
				  drained, but not both.
Group D- Soils that have muck 16 inches to 51 inches deep,
				  are subject to flooding once in five years and/or are inadequately drained, or
				  are 51 inches deep or deeper and are both inadequately drained and floods once
				  in five years.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.8 - Ranking of mineral soils

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mineral soils shall be listed according
				to their soil productivity index and placed within one of ten soil groups. Each
				soil map unit representing a mineral soil shall be ranked according to its soil
				productivity index and placed by the commissioner into one of ten soil groups
				as follows:
Soil Productivity
							 Index
Soil Group
90 - 100 .......
1
80 - 89 .......
2
70 - 79 .......
3
60 - 69 .......
4
50 - 59 .......
5
40 - 49 .......
6
30 - 39 .......
7
29 or less - Marginal cultivated uses .......
8
Soils not suitable for pasture or other cultivated
							 uses and not identified above or below .......
9
Marsh, wetlands and organics not farmed .......
10
(b)
				Two soil group subdivisions, determined according to the need to add lime to
				the soil in order to maintain soil capability, shall also be established for
				soil groups numbered 1 through 6.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.9 - Classification of farm woodland soils

Current through Register Vol. 46, No. 28, July 10, 2024
Farm woodland soils shall not be ranked or classified
				  according to the criteria contained in sections
				  370.7
				  and
				  370.8  of
				  this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.10 - Preparation of the soil group worksheet

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant for an agricultural group
				value assessment, or an authorized representative, shall personally deliver, at
				least 30 days prior to the applicable taxable status date to the county soil
				and water conservation district office, the assessment roll description, tax
				map land parcel number or numbers or any other documentation necessary to
				identify the parcel or parcels and their respective acreage used in the
				preceding two years for agricultural production.
(b) The district office shall outline on an
				appropriate soil map or maps the parcel or parcels identified in subdivision
				(a) of this section and shall delineate land used in agricultural production
				from nonagricultural land. Land used in agricultural production shall be
				further divided into cultivated land and farm woodland.
(c) Only those parcels or portions of parcels
				for which an agricultural value assessment is being applied for shall be
				delineated on the map.
(d) The
				district office shall identify each soil map unit located within each parcel
				and place each such unit within the appropriate soil group. The identification
				of each soil group and its acreage for each parcel shall be placed on the soil
				group worksheet provided by this department. If the district office does not
				possess the information necessary to identify a landowner's soil, it shall
				secure such information or have a soil map developed for that
				purpose.
(e) There shall be
				developed a separate soil group worksheet for each parcel outlined on the soil
				map.
(f) The landowner shall be
				given a legible copy of the soil map and the original and one copy of each soil
				group worksheet. One copy of the worksheet shall be retained for the district
				files.
(g) The district office may
				make any appropriate modification to the soil group worksheet pursuant to a
				request for modification from the local assessor.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 370 - Land Classification System › Section 370.11 - Review procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any one or more owners of land used in agricultural production may, subsequent
				to the adoption of the county master list of soil groups but at least 30 days
				prior to the applicable taxable status date, petition the commissioner to
				review any land classification designation for any soil map unit of land by
				submitting a written request to:
(1) The
				county agricultural districting advisory committee, if such a committee has
				been established to review such land classification designation in consultation
				with the county cooperative extension office and the county soil and water
				conservation district office. The district office shall undertake all
				reasonable steps necessary to review the accuracy of all soils information
				available.
(2) If the county
				agricultural districting advisory committee chooses not to undertake the
				review, the request for review shall be immediately referred to the county soil
				and water conservation district office which shall undertake the
				review.
(3) In counties where a
				county agricultural districting advisory committee has not been established,
				all requests for review shall be made to the county soil and water conservation
				district office.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes the requirements and forms to be used
				  to notify the commissioner and the county agricultural and farmland protection
				  board of an intent to undertake an action within an agricultural
				  district.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part:
(a) Acquisition means the act of vesting of
				title or right to land or interest in land.
(b) Action means:
(1) the exercise of the power of eminent
				domain to effect an acquisition, as that term is defined by Eminent Domain
				Procedure Law (EDPL) section 103(A), through the filing of an acquisition map
				pursuant to EDPL section 402, by a State agency, public benefit corporation or
				local government of:
(i) land in excess of
				one acre from any one actively operated farm located within an agricultural
				district; or
(ii) land in excess of
				10 acres, located within an agricultural district; or
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.3 - Preliminary and final notices of intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preliminary notice of intent. State
				agencies, public benefit corporations and local governments shall file a
				preliminary notice of intent, in the form prescribed by this Part, with the
				commissioner and the county agricultural and farmland protection board as early
				as possible in the development of a proposal of an action, but in no event
				later than the date of any determination as to whether an environmental impact
				statement need be prepared for the action pursuant to article 8 of the
				Environmental Conservation Law.
(b)
				Final notice of intent. State agencies, public benefit corporations and local
				governments shall file a final notice of intent, in the form prescribed by this
				Part, with the commissioner and the county agricultural and farmland protection
				board at least 65 days prior to undertaking an action within an agricultural
				district.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.4 - Party to file notices of intent

Current through Register Vol. 46, No. 28, July 10, 2024
Preliminary and final notices of intent shall be filed with
				  the commissioner and the county agricultural and farmland protection board by
				  the State agency, public benefit corporation or local government which plans to
				  undertake an action within an agricultural district. In the case where one
				  State agency, public benefit corporation or local government advances funds to
				  another State agency, public benefit corporation or local government to
				  undertake an action, the latter agency, corporation or government may file such
				  notices on behalf of all the involved agencies with the commissioner and the
				  county agricultural and farmland protection board.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.5 - Conditions under which filing is required

Current through Register Vol. 46, No. 28, July 10, 2024
Preliminary and final notices of intent shall be filed with
				  the commissioner and the county agricultural and farmland protection board as
				  provided in section 305 (4)(b) and (c)  of the
				  Agriculture and Markets Law. In cases where an action involves a series of
				  separate and discrete stages which are to be implemented over a period of
				  years, individual notices shall be filed with the commissioner and the county
				  agricultural and farmland protection board for each stage of the action which
				  requires the acquisition of land or any interest therein, construction or the
				  advance of public funds. The advance of public funds for the purpose of
				  determining whether an action should be undertaken, such as for the
				  construction of water quality monitoring wells, shall not require the filing of
				  a notice, provided the advance of funds does not involve the acquisition of
				  land or any interest therein in excess of one acre from any one actively
				  operated farm located within an agricultural district or in excess of 10 acres
				  within the agricultural district and provided such activities do not commit the
				  agency, corporation or local government to commence or engage in such
				  action.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.6 - Form and content of preliminary notice of intent

Current through Register Vol. 46, No. 28, July 10, 2024
The preliminary notice of intent required by section 305 (4)(b)  of the
				  Agriculture and Markets Law shall be in the following form and contain the
				  following information:
(a) A statement
				at the top of the first page with the following language:
PRELIMINARY NOTICE OF INTENT TO UNDERTAKE AN ACTION WITHIN AN
				  AGRICULTURAL DISTRICT
(b)
				The name and address of the State agency, public benefit corporation or local
				government proposing to undertake the action.
(c) The identity, by county and number, of
				the agricultural district or districts affected by the proposed
				action.
(d) The identity of the
				municipality or municipalities within which the project, which is the subject
				of the action, will occur.
(e) A
				brief description of the proposed action, including: its purpose, the type of
				action proposed (
e.g.,
the acquisition of land or any interest
				therein by eminent domain or purchase; construction, or the advance of public
				funds for construction); and the number of acres of land, or any interest
				therein, which is expected to be acquired from an actively operated farm or
				farms within an agricultural district or a parcel or parcels of land within an
				agricultural district.
(f) A brief
				narrative of the agricultural setting and the location of the project site, if
				known.
(g) A summary of any
				anticipated adverse impacts on farm operations and agricultural resources which
				are located within the district.
(h) The approximate date of commencement of
				the proposed action.
(i) The name,
				title, address and telephone number of the individual who is authorized to
				respond to department inquiries concerning the preliminary notice.
(j) The signature of the authorized
				individual, verifying that the information contained in the preliminary notice
				is truthful and accurate to the best of his or her knowledge, and date
				signed.