N.Y. Comp. Codes R. & Regs. tit. 9 § 428.13

Current through Register Vol. 46, No. 25, June 18, 2024

Section 428.13 - Establishment of standards for series of similar undertakings

(a) If an agency anticipates a series of similar undertakings that are not exempt from review pursuant to section 428.11 of this Part and are not in an exempt category designated pursuant to section 428.12, but would otherwise require individual reviews, the APO may request the establishment of overall standards for the implementation of the undertakings, eliminating the need for a review of such undertakings on a case-by-case basis. The APO shall provide:

(1) a request for consultation with the commissioner; and

(2) a description of the series of similar undertakings under consideration.

(b) If the commissioner concurs with the APO that establishment of standards for the purpose of eliminating the need for review on a case-by-case basis would be appropriate, then the commissioner and APO will confer further for the purpose of defining the series of undertakings and establishing mutually acceptable standards for their implementation.

(c) For as long as the standards are strictly conformed to by the agency in the implementation of each undertaking of the series of similar undertakings, the undertakings will be exempt from further review. However, if the commissioner determine that an agency is not conforming to standards established pursuant to subdivision (b) of this section, he will so notify the agency, and the agency will be required to comply with the provisions of this Part for each undertaking in the series as if it were a separate undertaking.

(d) Until such time as standards have been agreed to pursuant to subdivision (b) of this section, the agency will comply with the provisions of this Part for each undertaking in the series as if it were a separate undertaking.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 428.13