N.Y. Comp. Codes R. & Regs. tit. 4 § 210.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 210.2 - Processing by the director

(a) The director or an assigned administrative law judge will determine whether a declaratory ruling would be in the public interest as reflected by the policies underlying the act. If the director or administrative law judge determines that it would not, he or she shall dismiss the petition. Such dismissal shall merely constitute a refusal to issue a declaratory ruling, and not the denial of any position proposed by the petitioner. Such a decision to refuse to issue a declaratory ruling may be made at any stage of the proceeding.

(b) The director or administrative law judge shall send a copy of the petition to any persons, employee organizations or public employers, in addition to those listed in the petition, whom the director or administrative law judge deems to have interests that are reasonably likely to be affected by the ruling, together with a notice that they may at their option, become parties to the proceeding by filing in the same manner as the petition was filed a response to the petition within 10 working days from their receipt thereof. Such response may challenge any of the allegations in the petition and, whether or not petitioner has done so, it may propose a ruling.

(c) The matter shall be processed in accordance with the procedures set forth in section 204.4 and Part 212 of this Title, except that the director or administrative law judge shall issue a decision, which may be reviewed pursuant to Part 213 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 210.2

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff. 8/2/2017