N.Y. Comp. Codes R. & Regs. tit. 18 § 300.6

Current through Register Vol. 46, No. 22, May 29, 2024

Section 300.6 - Review by the State commissioner of local rules, regulations and procedures

Rules, regulations and procedures by social services officials shall be filed with the department at least 30 days prior to the proposed effective date and shall not become operative until approval by the commissioner or until the 30th day after filing if not disapproved by the commissioner as being inconsistent with law or department regulation.

(a) The provisions of this section apply to all rules, regulations and procedures relating to programs of assistance and care mandated on social services districts by Federal requirements or the Social Services Law, except those required to be submitted for department approval under other provisions of law or State regulation, and those concerned strictly with internal management of the district.

(b) The filing shall be dated from the day of receipt by the office of the rule, regulation or procedure and the 30th day after such filing shall be determined beginning with the day after the filing.

(c) The local commissioner of social services shall submit in duplicate to the State Department of Social Services for approval the proposed local rule, regulation or procedure accompanied by the prescribed form. Where necessary to substantiate the proposed rule, regulation or procedure, documentation shall be included. This submittal shall be by certified mail, return receipt requested.

(d) Within the 30-day period, the State commissioner shall return to the local department one copy of the form, showing approval, or disapproval with reasons, of the proposed rule, regulation or procedure.

(e) The provisions of this section shall not apply to rules, regulations and procedures mandated or recommended by the department.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 300.6