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 264.3 - Requests to pass on validity of rules

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 264.3

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

(a) Pursuant to section 205 of the State Administrative Procedure Act, any person may request the Secretary of State to pass on the validity of rules of the Department of State by filing a request to pass on the validity of rules in accordance with this section.

(b) The request 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 × 11 inches in size.

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

STATE OF NEW YORK DEPARTMENT OF STATE

__________________

In the Matter of the Request to Pass on Validity of Rules by:

..(Name of Person making request)..............................................................

Pursuant to SAPA § 205.

__________________

(e) The body of the petition shall, in conveniently numbered paragraphs:

(1) identify the person making the request and show the interest in the rule to that person;

(2) identify the rule sought to be invalidated;

(3) as concisely as possible, present the legal argument with all appropriate citations of authority as to why the rule may be constitutionally invalid, lacks statutory authority or has been promulgated without substantial compliance with required rule making procedures; and

(4) state the precise relief requested.

(f) The petition should be attached to a backer or cover entitled as above, which backer or cover should contain the name, address and telephone number of the attorney.

(g) The Secretary will review all requests filed and determine whether the request to determine validity of a rule has merit within 30 days of filing, notifying the person making the request of such determination within that time. If no such determination has been made within 30 days of filing, the request will be deemed denied.

(h) The Secretary has discretion to file a notice of proposed agency action pursuant to the State Administrative Procedure Act, section 202 to amend or repeal the rule or to comply with proper rule making procedure, and notify the person making the request of this action. Thereafter, after opportunity for comment on the proposed action, the Secretary will take such final action as is deemed proper and lawful and notify the person making the request of such action. If the Secretary determine that the request is without merit, the Secretary will notify the person making the request of that determination.

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