New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter IV - Appeals And Other Proceedings Before the Commissioner
Part 280 - Overlapping State And Federal Requirements
Section 280.2 - Procedure

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 280.2

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

(a) Petition. In order to obtain a determination pursuant to section 206 of the State Administrative Procedure Act, a person shall file with the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234, a petition, verified in the manner set forth in section 275.6 of this Title. Such petition shall contain:

(1) a specific citation of the State statute or rule involved;

(2) a specific citation of the Federal requirement involved; and

(3) a clear and concise statement of the reason petitioner asserts that compliance with the Federal requirement should be accepted as compliance with the State requirement.

(b) Memorandum of law. A petitioner may file a memorandum of law in support of the contention that compliance with the Federal requirement should be accepted as compliance with the State requirement. Such memorandum of law shall be submitted at the same time the petition is filed.

(c) Additional information. The commissioner may seek such additional information as he deems appropriate prior to rendering a determination. Such information may be sought from petitioner, or, upon notice to petitioner, from some other source.

(d) Determination. The commissioner will issue a determination and/or a declaratory ruling as required by section 206 of the State Administrative Procedure Act.

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