N.Y. Comp. Codes R. & Regs. tit. 1 § 368.1

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

Section 368.1 - General procedures

(a)

(1) Petitions submitted pursuant to the State Administrative Procedure Act requesting the discretionary issuance of a declaratory ruling shall be in writing, subscribed by the petitioner and submitted to the Counsel of the Department of Agriculture and Markets either personally or by first-class mail addressed to the Counsel at the main offices of the department, One Winners Circle, Capital Plaza, Albany, NY 12235.

(2) The petition shall include the name and address of the petitioner, a statement that a declaratory ruling is requested, a reference to the applicable rule, statute or action involved, a complete statement of the facts and circumstances prompting the petition, a full disclosure of petitioner's interest in the ruling and a reference to any pending administrative or judicial proceedings known to the petitioner involving the same or similar facts or issues, and any other information known by the petitioner to be relevant to consideration of the ruling requested. When a petition pertains to only one step of a larger transaction or fact situation, all relevant facts and circumstances with respect to that larger transaction or fact situation shall be included in the petition.

(b) Petitions for declaratory rulings shall be referred to the appropriate division director of the Department of Agriculture and Markets who, together with the counsel, shall recommend to the commissioner that a declaratory ruling be issued, or that it be declined, on the grounds that the petition is incomplete, ambiguous, or that a ruling would be inappropriate or unnecessary under the facts and circumstances recited in the petition.

(c) The issuance of a declaratory ruling shall be wholly within the discretion of the commissioner and nothing in this section shall require the issuance of any such ruling.

(d) No opinion, letter or other communication by the commissioner, the department, or by any other officer or employee of the department, shall be deemed a declaratory ruling unless it contains a statement that it is such a ruling.

(e) Each petition submitted in accordance with this Part shall be deemed filed on the day it is received by the department. Each petition shall be reviewed by the commissioner and either a ruling shall be issued or the petitioner shall be notified that no declaratory ruling will be issued. A declaratory ruling on the necessity of promulgating a rule to take an action shall be issued within 60 days; all other rulings shall be issued within 30 days. In the event that the commissioner fails to act on a petition within the requisite time period the request for a petition shall be deemed to have been denied.

(f) All declaratory rulings shall be available for public access and inspection pursuant to Part 360 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 368.1