9 NYCRR Part 8800 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source version current through May 15, 2022

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 8800.1 - Definitions

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Advisory opinion means a statement described in State Administrative Procedure Act, section 204(2)(b) issued by the Office of Business Permits and Regulatory Assistance with respect to whether any agency action meets the definition of rule contained in State Administrative Procedure Act, section 102(2) and therefore should be adopted as a rule pursuant to article 2 of the State Administrative Procedure Act in order to be effective.

(b)Declaratory ruling means a statement described in State Administrative Procedure Act, section 204(1)(ii) issued by an agency pursuant to such section with respect to whether any action by it meets the definition of rule contained in State Administrative Procedure Act, section 102(2) and therefore requires adoption as a rule pursuant to article 2 of the State Administrative Procedure Act in order to be effective.

(c)Office means the Office of Business Permits and Regulatory Assistance established by article 39 of the Executive Law.

(d)Party means any person who petitions for an advisory opinion or the agency whose action is the subject of a petition for an advisory opinion.

9 NYCRR 8800.2 - Statement of purpose and applicability

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The purpose of this Part is to establish the procedures governing the issuance of advisory opinions by the office pursuant to State Administrative Procedure Act, section 204(2)(b). Where an agency declines to issue a declaratory ruling or rules that its action need not be taken pursuant to a rule, in response to a petition pursuant to State Administrative Procedure Act, section 204(1)(ii), such declination or ruling, upon petition of the original petitioner, may be reviewed by the office. The office shall review the petition for an advisory opinion, the agency's response to the petition for a declaratory ruling, the agency's response to the petition for an advisory opinion, if any, the agency action in question and any other pertinent information or material and issue an advisory opinion as to whether the action in question should be taken pursuant to a rule.

9 NYCRR 8800.3 - Petitions for advisory opinions

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(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

9 NYCRR 8800.4 - Agency participation

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The agency whose action is the subject of a petition for an advisory opinion shall be given a full opportunity in accordance with the provisions of sections 8800.5 and 8800.6 of this Part to submit pertinent information and arguments to the office.

9 NYCRR 8800.5 - Notification of receipt

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Within five days of receipt of a complete petition for an advisory opinion, the office shall send written notification of such receipt to all parties.

(b)A notification of receipt shall indicate:

(1)the date on which the office received the complete petition for an advisory opinion;

(2)the date by which the office will issue its advisory opinion;

(3)that any party may submit additional information to the office within 30 days of the date of the office's receipt of the complete petition, provided such additional information also is sent, at the same time, to all other parties; and

(4)that upon the request of any party, and upon 10 days notice to all other parties, the office may schedule a meeting of all parties at which they may present their views to the office.

9 NYCRR 8800.6 - Additional information

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

After the office has received a petition for an advisory opinion, any party that submits any additional information to the office shall, at the same time, send copies of such information to all other parties and shall state in its submission to the office that it has done so. Any person other than a party may also submit additional information to the office. Any person other than a party who submits information to the office should, at the time of submission to the office, also send copies of such information to all parties to the petition and state in its submission to the office that it has done so. Additional information may be submitted to the office within 30 days of the date of the office's receipt of the complete petition. All parties shall have 10 days from the office's receipt of the additional information to submit a response to the additional information to the office.

9 NYCRR 8800.7 - Issuance of advisory opinions

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Within 60 days of receipt of a complete petition, the office shall issue an advisory opinion as to whether the agency action in question should be taken pursuant to a rule.

(b)An advisory opinion shall contain:

(1)the names of the petitioner and the agency whose action is the subject of the petition;

(2)a statement identifying the advisory opinion as such;

(3)a description of the agency action in question;

(4)a statement of the office's conclusions; and

(5)a discussion of the reasoning upon which the conclusions are based including any precedential material relied upon.

(c)The office shall send a copy of the advisory opinion to the petitioner and to the head of the agency whose action is the subject of the advisory opinion.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.