N.Y. Exec. Law § 101-a

§ 101-a. Legislative notification of the proposed adoption, amendment,\nsuspension or repeal of agency rules.\n 1. Definitions. As used in this section,\n a. "Agency" means any state board, bureau, commission, department,\nauthority, division, or officer authorized by law to make rules.\n b. "Rule" means the whole or part of each agency statement of general\napplicability or regulation or code that implements or applies law, or\nprescribes the procedure or practice requirements of any agency,\nincluding the amendment, suspension or repeal thereof, except such as\nrelates to the organization or internal management of the agency.\n 2. Except as provided in subdivision three of this section, at least\nsixty days prior to either the adoption of any rule, or, if a public\nhearing is required by statute, at least sixty days prior to the first\npublic hearing on a proposed rule, the agency proposing to take such\naction shall send a notification of such proposed action to the\ntemporary president of the senate and the speaker of the assembly. This\nnotification shall: (a) refer to the statutory authority under which the\naction is proposed, (b) give the time and place of any public hearing\nthat may be scheduled concerning the proposed action, or state the\nmanner in which data, views or arguments may be submitted to the agency\nconcerning the proposed action, (c) contain a copy of the complete text\nof the proposed rule, and (d) contain a fiscal statement setting forth\nthe fiscal consequences of the proposed action on the state and its\nlocal governments.\n 3. If the agency finds that it is necessary for the preservation of\nthe public health, safety or general welfare to dispense with the\nrequirements of subdivision two, the agency may dispense with such\nrequirements and adopt the rule, as an emergency measure. Within five\ndays of the filing of such emergency measure in the office of the\ndepartment of state, the agency taking such action shall send the\ntemporary president of the senate and the speaker of the assembly a\nnotification containing the information required by subdivision two of\nthis section; provided, however, such notification shall also: (a)\ninclude a brief statement setting forth the reasons why the agency finds\nthat it is necessary for the preservation of the public health, safety\nor general welfare to dispense with the requirements of subdivision two\nof this section and adopt the rule as an emergency measure, and (b)\nprovide the date the emergency measure will terminate if the agency does\nnot intend to adopt such measure as a permanent rule, or indicate that\nthe agency intends to adopt such measure as a permanent rule, in which\ncase compliance with the notification requirements of this section shall\nbe deemed satisfied. The effectiveness of any such emergency measure,\nunless adopted as a permanent rule in the manner prescribed by law,\nshall not exceed ninety days after the filing of such measure in the\noffice of the department of state, provided, however, if such emergency\nmeasure is readopted prior to the expiration of such ninety day period\nsuch readoption and any subsequent readoptions shall remain in effect\nfor no longer than sixty days.\n 4. The legislature in the joint rules of the senate and assembly may\nexempt from the requirements of this section certain rules which have or\nwould have no significant fiscal implications.\n 5. This section does not relieve any agency from compliance with any\nstatute requiring that its rules be filed with or approved by designated\npersons or bodies before they become effective.\n 6. A proceeding to invalidate any rule on the ground of noncompliance\nwith the procedural requirements of this section must be commenced by\nthe temporary president of the senate or the speaker of the assembly\nwithin four months from the effective date of the rule. No rule shall be\nvalid unless adopted in substantial compliance with this section;\nprovided, however, that the inadvertent failure to give notice as\nprovided in this section shall not invalidate any rule.\n