9 NYCRR Part 588 - Executive Department

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Source version current through Sep 15, 2021

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 588.1 - Rule making procedure

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Prior to the adoption, amendment, suspension or repeal of any rule, the agency shall:

(1)consult with the Adirondack Park local government review board;

(2)give notice of public hearing, which shall contain the matters required by section 202(1)(c) of the State Administrative Procedure Act:

(i)by publication, at least once in a newspaper of general circulation in each county wholly or partially within the park and in at least three metropolitan areas of the State, by publication in such trade, industry or professional publications as the agency may select and in the State Register authorized by section 146 of the Executive Law;

(ii)by mail to the clerk of each county and each local government wholly or partially within the park, to the chairmen of all local government, county and regional planning agencies having jurisdiction in the park, and to any person or agency filing a written request to receive such notice, such request to be renewed yearly in December;

(iii)to such other persons and by such other procedures as may be required by law or as the agency in its discretion may choose to give;

(3)comply with the notice and filing requirements of section 101-a(2) and section 102(2) of the Executive Law and section 203 of the State Administrative Procedure Act.

(b)Nothing in this section shall prevent the agency from immediate adoption, amendment, suspension or repeal of a rule as an emergency measure, as authorized by and in accordance with the procedures required by section 202(1)(d) or section 202(2)(c) of the State Administrative Procedure Act.

(c)For the convenience of the public, the agency may hold two or more hearings simultaneously.

(d)Upon the adoption, amendment, suspension or repeal of any rule, the agency shall publish notice of the action taken in the State Register pursuant to section 202(3) of the State Administrative Procedure Act.

9 NYCRR 588.2 - Declaratory rulings

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)On petition of any person, submitted in accordance with this section, the agency may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it.

(b)The petition shall be submitted to the executive director of the agency at its headquarters in Ray Brook, N.Y. and shall:

(1)state with particularity the pertinent facts bearing on the matter;

(2)demonstrate a sufficient interest in the need, or good cause for, the issuance of the declaratory ruling;

(3)state the names and addresses of any other persons whose interests are reasonably likely to be affected by the ruling.

(c)The petitioner may state his position with respect to the ruling desired, and may present statutory references and argument in respect thereto.

(d)The submission of a petition for a declaratory ruling by a landowner with respect to a statement of facts alleged to exist on his land shall be considered a consent to verification of the facts by agency staff, and to entrance upon said lands after reasonable notice for the purpose of undertaking such investigations, examination, survey or other activity necessary to determine the petition.

(e)The agency may refuse to issue a declaratory ruling if it is unable to obtain sufficient information to enable it to decide the issues presented.

(f)Declaratory rulings may be issued by the executive director, or may be referred by him to the operations, regional planning, legal affairs, or other agency committee, which may issue the ruling or may refer it to the full agency at its next scheduled meeting.

(g)A declaratory ruling shall be subject to review pursuant to article 78 of the Civil Practice Law and Rules.

9 NYCRR 588.3 - Judicial review of rules

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Judicial review of these rules and regulations may be had pursuant to section 817 of the Adirondack Park Agency Act, if applicable, or pursuant to section 205 of the State Administrative Procedure Act, which requires the petitioner or plaintiff to first request that the agency pass upon the validity of the rule in question or to issue a declaratory ruling in respect to its applicability.

9 NYCRR 588.4 - Construction of rules

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)These rules and regulations shall not be construed to extend or limit the jurisdiction of the agency as established by law.

(b)These rules and regulations shall be construed to secure the just, speedy and inexpensive determination of every matter before or within the jurisdiction of the agency.

(c)The language of these rules and regulations shall be construed according to its most obvious and commonly used sense. Where required, construction shall accord with the provisions of “Construction and Interpretation”, chapter 6, Statutes, book 1, of McKinney's Consolidated Laws of New York.

(d)Whenever words of the masculine or feminine gender appear in any rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons. This construction shall apply to gender indicative suffixes or prefixes as well as to gender indicative words.

9 NYCRR 588.5 - Designation of employees or officers

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Wherever these rules and regulations provide that a particular agency employee or officer designated by title is to perform certain duties, the agency may by resolution designate other or additional employee(s) or officer(s) to perform the duties ascribed to the employee or officer designated.

9 NYCRR 588.6 - Suspension of rules

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Upon an express finding that it is necessary for the preservation of the public health, safety or general welfare, the agency may suspend all or a part of the requirements or provisions of these rules, either in a particular case, on application of a party or on its motion, or in a general class or classes of cases or instances, and may order proceedings in accordance with its own direction.

9 NYCRR 588.7 - Computation and extension of time

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)In computing any time period prescribed in these rules, the last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday as defined in section 24 of the General Construction Law, or a day upon which the agency is closed for business due to weather conditions or other emergency, in which event the last day shall be the next day which is not such a day.

(b)Upon written application of a party, and for good cause shown, the agency may extend any time period except those it is not authorized by law to extend.

(c)Whenever a party is required or permitted to perform an act within a prescribed period of time, such as service of a document upon a party, and the act is performed by mail, five days shall be added to the prescribed period.

9 NYCRR 588.8 - Effective date of these rules

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: APA-39-16-00030-A · Adopted rule
Related notice published: Feb 1, 2017
Related notice effective date: Feb 1, 2017

This Title includes all regulations adopted by the Adirondack Park Agency as of January 13, 2017.

9 NYCRR 588.9 - Cooperative agreements

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The agency may enter and carry out written agreements with the Federal government and/or with other State agencies in order to facilitate cooperation and joint action to be taken under any statute administered by the agency.

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