New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XVIII - Office of Renewable Energy Siting
Part 905 - Eligible professions for the purchase, sale, and use of body armor
Section 905.5 - Process for the Department of State to determine eligible professions

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 905.5

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

(a) In accordance with the authority provided pursuant to section 144-a of the Executive Law, and notwithstanding subdivision (b) of this section, the department may at any time in its discretion review a profession for the purpose of determining eligibility pursuant to this Part. Upon determining that a profession satisfies the criteria set forth in section 905.3 of this Part, the department may add the profession to the list of eligible professions in accordance with section 905.2 of this Part.

(b) Upon receipt of a request that complies with section 905.4 of this Part, the department shall

(1) prepare a notice to be published on the department's website alerting the public of the opportunity to submit additional requests relating to that profession within the next 30 days. Such notice shall provide information about where and how requests from other individuals or entities may be submitted;

(2) allow thirty (30) days from the date of publication for additional requests to be received; and

(3) apply the criteria in section 905.3 of this Part to the request within a reasonable period of time after the close of the thirty (30) day additional request period. The department may, at any time and in its sole discretion, contact the requestor or any other individual or entity to request additional information regarding the submitted request.

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(c) The department may consolidate pending requests that relate to the same profession for the purpose of reviewing and determining the eligibility of that profession.

(d) If the department determines that a requested profession meets all criteria of this Part, the department shall add the profession to the list of eligible professions in accordance with section 905.2 of this Part.

(e) A review of a requested profession pending under the jurisdiction of the Secretary of State shall be brought to completion within 90 days of the date of the closing of the public comment period provided pursuant to the department's published notice regarding said profession. An additional request for information issued by the department will extend the period of days in which the Secretary of State by such timeframe as applicable to the additional request for information.

(f) The department may, prior to the expiration period, extend the time period established by subdivision (e) of this section by issuing a statement in writing that the pending review of the subject profession cannot be reasonably completed within the applicable timeframe, and thereby extend the review period for an additional 60 days.

(g) Notwithstanding Part 400 of this Title, any final decision made pursuant to this section shall be appealable pursuant to Article 78 of the Civil Practice Law and Rules.

(h) If a request to add a profession to the list of eligible professions relates to a profession that the department has previously determined does not meet the criteria, the department may decline to consider the request if such request fails to present facts and circumstances that differ from those presented to the department in any prior request relating to that profession, whether or not such request was made by the same individual or entity that made the prior request.

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