N.Y. Comp. Codes R. & Regs. tit. 19 § 261.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 261.3 - Certification of rule

The certificate annexed to the rule required under the provisions of section 102(2) of the Executive Law shall contain the information set forth in the following order:

(a) a statement certifying that the rule was duly adopted or other rule making action was duly taken;

(b) the name of the agency head or designee thereof (authorized to take the action for the agency) or of the board, commission, authority or public benefit corporation taking such action;

(c) the date the action was taken;

(d) in the case of a board, commission, public benefit corporation or authority, or if the action shall be defined as a rule under section 102(2)(a)(ii) of the State Administrative Procedure Act, the procedure by which the action was taken;

(e) in the case of a board, commission, public benefit corporation or authority, the city in which the meeting took place at which the action was taken;

(f) a citation of the statutory authority for the action taken; such citation shall be made in the same manner as prescribed in section 260.3 of this Title;

(g) if the action taken was not subject to the State Administrative Procedure Act or was otherwise not required to comply with the prior notice requirements of such act, a statement to such effect and the citation of the statute providing for such exemption or noncompliance;

(h) if the action taken is by an emergency measure under the provisions of section 202 of the State Administrative Procedure Act, a statement of the agency's finding of the need for such action and the specific reasons underlying such finding. The statement of the reasons shall set forth the specific facts or grounds supporting the finding made; a paraphrasing of the provisions of section 202 of the State Administrative Procedure Act relating to emergency measures or of the finding made shall not be acceptable. The agency may submit a separate statement of the findings and specific reasons underlying same, together with the certificate, provided that a statement certifying that these were the findings made, signed by the agency head, forms a part of such separate statement;

(i) in all instances where the action taken was subject to the provisions of the State Administrative Procedure Act, except those provided for in subdivisions (g) and (h) of this section, the date of publication of the notice of the proposed rule making in the State Register, and either the date(s) and manner of publication of any other prior notice required by statute or, if none, a statement to the effect that no other publication of a prior notice of the action being taken was required by statute.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 261.3