N.Y. A.P.A. Law § 202-F [Repealed Effective 12/31/2025] Public Hearings

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 777
• Year: 2023
• Citation: N.Y. A.P.A. Law § 202-F

1. Whenever a public hearing is held on a proposed rule pursuant to this chapter, unless otherwise provided in law, an agency is authorized to utilize innovative techniques to enhance public participation in rule making, including but not limited to allowing the public to ask questions of agency personnel for a portion of such hearing, organizing such hearing as a roundtable discussion, scheduling an evening or weekend hearing, and using digital, broadcasting and/or teleconferencing technologies; provided, however, that no such innovative techniques shall be used in a manner which diminishes the ability which members of the public would otherwise have to comment on the proposed rule at a public hearing. Each agency listed in subdivision four of this section shall, and any other agency may, include in its annual report a description and analysis of its use of innovative techniques pursuant to this subdivision.

2. Except as provided in subdivision three of this section, [any agen- cy listed in subdivision four of this section which receives] if the workers' compensation board, the state education department, the department of financial services, the department of labor, or the office of temporary and disability assistance receive a petition subscribed by not fewer than [one] five hundred [twenty-five] persons residing in this state, or if the department of health or department of environmental conservation receive a petition subscribed by not fewer than seven hundred fifty persons residing in this state, requesting a public hearing on any rule or rules which have been proposed by the agency, or have been described in the regulatory agenda submitted by the agency pursuant to section two hundred two-d of this article, which an agency may require to be submitted on a petition form it has promulgated, such agency shall hold at least one public hearing on the rule or rules; provided, however, that any such petition on a rule which has been proposed must be received by the agency not later than the [twentieth] thirtieth day before the last date for submission of comments. Any rule issued by the department of health that is also sub...