19 NYCRR Part 265 - Department of State

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Source version current through Apr 15, 2022

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19 NYCRR 265.1 - Definition

Later State Register activity may affect this section.

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NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)A guidance document means any guideline, memorandum or similar document prepared by an agency that provides general information or guidance to assist regulated parties in complying with any statute, rule or other legal requirement, but shall not include documents that concern only the internal management of the agency.

(b)Publication requirements.

Not less than once each year, every agency shall submit to the Secretary of State for publication in the State Register a list of all guidance documents on which the agency currently relies, and provide information on where and how regulated parties and members of the public may inspect and obtain copies of any such document. This list shall be in a form as near as practical to the model Guidance Document Certification by agency head form contained in Appendix 1 of this Title. Unless otherwise provided for by law, an agency may make such guidance documents available as provided in the Freedom of Information Law, and may charge fees pursuant to such law for copies of any such document.

(c)Exemptions.

(1)The Secretary of State may exempt an agency from compliance with the requirements of subdivision (b) of this section upon a determination that the agency has published on its website the full text of all guidance documents on which it currently relies. The Secretary of State shall publish a notice of such determination identifying the website in the State Register.

(2)An agency head may seek a one year exemption from guidance document publication requirements by certifying to the Secretary of State that the full text of all guidance documents on which the agency currently relies are located on the agency's website and identifying the web site location where these guidance documents are located. This request shall be in a form as near as practical to the model Guidance Document Certification by agency head form contained in Appendix 1 of this Title. An agency which does not currently rely on any guidance document may seek a one year exemption from guidance document publication requirements by certifying to the Secretary of State on the model Guidance Document Certification by agency head form that it does not currently rely on any guidance document. The Secretary of State will publish a notice to this effect in the State Register.

(d)Five year review of guidance documents.

Not less than once every five years, every agency shall conduct a process for reviewing and updating all guidance documents on which it currently relies. In conducting such process, the agency shall obtain feedback from regulated parties and members of the public who are directly or indirectly affected by the guidelines.

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