New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION
Part 264 - Declaratory Rulings And Requests To Pass On Validity Of Rules
Section 264.2 - Declaratory rulings

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 264.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) On the petition of any person, submitted in accordance with this section, the Secretary of State may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it.

(b) The petition shall be submitted to the general counsel of the Department of State either personally or by first class mail addressed to General Counsel, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 1120, Albany, NY 12231-0001.

(c) The petition shall be typed legibly on plain, white bond, standard weight paper, 81/2 x 11 inches in size.

(d) The petition shall be captioned, entitled and commenced as follows:

STATE OF NEW YORK

DEPARTMENT OF STATE

____________

In the Matter of the Petition of:

(Name of Petitioner)

For a Declaratory Ruling.

____________

State of New York )

) SS.:

County of )

I, (Name of Petitioner), being duly sworn, deposes and says:

1. That your petitioner is ____________

(Here identify and show the interest of petitioner.)

(e) Thereafter, the petition shall:

(1) state with particularity the pertinent facts bearing on the matter; proposed action may be stated provided that it is demonstrated that it is the good faith intent of the petitioner to bring about such state of facts or that he verily believes that such prospective facts will be realized;

(2) set forth the rule or statute which is the subject of the petition;

(3) state the relief requested; and

(4) the petitioner shall affirm that the statements of facts made therein are true under penalties of perjury.

(f) The petition should contain the name, address and telephone number of the attorney, if any, of the petitioner.

(g) The petitioner may accompany the petition with written argument why the declaratory relief should be granted, citing authority therefor where appropriate.

(h) The agency will be bound by the conclusions stated in any declaratory ruling unless changed to be effective prospectively, provided the facts are as stated in the declaratory ruling, or the ruling is altered or set aside by a court of competent jurisdiction or duly enacted legislation.

(i) All petitions submitted in accordance with this Part will be reviewed by the Secretary of State and within 30 days of filing, either a ruling will issue or the petitioner will be notified that no ruling will issue unless petition is determined to be incomplete or another date certain for issuance of a ruling is otherwise agreed between petitioner and agency. In the event that the Secretary of State fails to act on a petition within 30 days of its filing, the petitioner will be deemed to have been denied.

(j) No declaratory ruling will be issued upon an incomplete petition or upon a set of facts which have been the subject of an administrative action for which the petitioner has had or had a right to an adjudicatory proceeding, nor will a declaratory ruling issue which extends or limits a rule or statute beyond that which may be reasonably educed from the language of the rule or statute.

(k) All declaratory rulings shall be available to the public at the principal office of the Secretary of State located at 41 State Street, Albany, NY 12231.

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