New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXVII - New York State Science And Technology Foundation
Part 5906 - Declaratory Rulings
Section 5906.3 - Procedures

(a) Requests for declaratory rulings shall be made to the general counsel of the foundation upon a form prescribed by the foundation which shall contain sufficient information to identify with particularity the person, the property or the state of facts and the rule or statute enforceable by the foundation, the applicability of which is sought to be determined or shall identify with particularity the action, with respect to which the declaratory ruling is sought. Such request shall cite the statute, rule, or regulation relied upon, and set forth a complete and precise statement of the state of facts, persons or property with respect to which a ruling is sought, together with a full disclosure of the petitioner's interest.

(b) Such request must be submitted in writing to the general counsel of the foundation on a form prescribed by the foundation by certified mail, return receipt requested, addressed to the New York State Science and Technology Foundation, 99 Washington Avenue, Suite 1730, Albany, New York 12210. The returned postal service receipt shall constitute proof of service which shall be deemed effective on the day the request is received.

(c) Such request may be accompanied by a memorandum in support setting forth the reasons for the request.

(d) The general counsel to the foundation may decline to issue a declaratory ruling or advise that such request is incomplete, ambiguous, inappropriate, or unnecessary under the facts and circumstances recited herein.

(e) The issuance of a declaratory ruling shall be within the discretion of the general counsel, and nothing contained in this section shall confer upon any person the right to compel the foundation to issue a declaratory ruling.

(f) Requests pursuant to this subdivision shall be granted or denied by the general counsel, within 30 days of the date on which such request is received in proper form by the general counsel, provided that in the case of a request for a declaratory ruling with respect to whether an action by the foundation should be taken pursuant to a rule, as defined in section 5906.2(a)(2), the request shall be granted or denied by the general counsel within 60 days of such date.

(g) Form for request for declaratory ruling.

New York State Science and Technology Foundation

99 Washington Avenue

Albany, NY 12210

Request for a Declaratory Ruling

Name ________ Business Phone ____________

Representing ____________

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Address ____________

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Mailing Address (if different) ____________

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Ruling Requested (Specify with particularity which person, what property, or what state of facts and the rule or statute enforceable by the Foundation, applicability of which is sought to be determined, or identify with particularity the action with respect to which the declaratory ruling is sought):

____________

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____________

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