N.Y. Comp. Codes R. & Regs. tit. 9 § 8800.3

Current through Register Vol. 46, No. 49, December 4, 2024

Section 8800.3 - Petitions for advisory opinions

(a) Petitions for advisory opinions shall be in writing and signed by the petitioner, and must contain at least the following information:

(1) the name, address and telephone number of the petitioner;

(2) a statement that an advisory opinion is requested;

(3) a copy of the petitioner's original petition for a declaratory ruling submitted to the agency;

(4) a copy of the agency's declaratory ruling or statement, declining to issue such declaratory ruling, or a statement indicating that 30 days, or if the agency's rules so provide, a different number of days not to exceed 60, have passed since the agency received the petition for such declaratory ruling and no action has been taken on such petition by the agency;

(5) if not included in the original petition, a statement describing the petitioner's interest in the agency action which is the subject of the petition and its application to the petitioner;

(6) such other information as may be pertinent including statutes, rules, court decisions or other precedential materials, or statements of fact;

(7) a statement that a copy of the petition has been submitted to the head of the agency whose action is the subject of the petition;

(8) if the petition does not contain the information listed in paragraphs (1) through (7) of this subdivision, a statement indicating why; and

(9) a statement that, to the best of petitioner's knowledge, all of the information contained in the petition is true and correct.

(b) A copy of the petition and any supporting documents and agency action information shall be submitted by the petitioner in person or by mail, return receipt requested, or by a similar delivery service which documents delivery, to the head of the agency whose action is the subject of the petition at the time the petition is submitted to the office.

(c) Upon receipt of a petition for an advisory opinion, the office will make a determination as to whether the petition is complete. If the office determines that the petition does not contain the information required by subdivision (a) of this section, within 10 days of its receipt notice will be sent to the petitioner and the head of the agency whose action is the subject of the petition specifying what is needed to complete the petition. The petitioner then may submit any additional materials or information necessary to complete the petition. A copy of the additional materials or information, identified as such, shall be submitted by the petitioner in person or by mail, return receipt requested, or by, a similar delivery service which documents delivery, to the head of the agency whose action is the subject of the petition at the time such materials are submitted to the office.

(d) Petitions for advisory opinions must be submitted in person or by mail, return receipt requested, or by a similar delivery service which documents delivery, to:

NYS Office of Business Permits and Regulatory Assistance

Counsel's Office

P.O. Box 7027, 17th Floor

Gov. A.E. Smith State Office Building

Albany, NY 12225

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8800.3