Section 1044. Review of previously adopted rules  


Latest version.
  • a.  Submission  of
      previously adopted rules. 1.  By  the  tenth  day  of  August,  nineteen
      hundred eighty-nine, each agency shall send to the corporation counsel a
      copy  of  each  rule,  as  defined  in  subdivision  five of section one
      thousand forty-one, in force as of the first day of January of  nineteen
      hundred eighty-nine. Each such rule shall be identified by the agency as
      one of the following:
        (a) a rule which should be continued in its present form;
        (b) a rule which should be continued with amendments; or
        (c) a rule which should be repealed.
        2.  Any  amendment  or  repeal of a rule described in paragraph one of
      this subdivision, shall be  subject  to  the  provisions  set  forth  in
      section one thousand forty-three.
        b.  In regard to all rules submitted pursuant to subdivision a of this
      section, the corporation counsel shall
        1. include such rules in the  Compilation  required  to  be  published
      pursuant  to  section  one  thousand forty-five; provided, however, that
      each rule which  the  agency  identifies  as  a  rule  which  should  be
      continued but with amendments, and each rule which the agency identifies
      as  a  rule  which  should  be  repealed,  shall  be  published  in  the
      Compilation with an appropriate notation as to the agency's comments and
      intentions.  Such notations shall be provided for informational purposes
      only and such rule in its present form shall remain in  full  force  and
      effect until and unless such rule is amended or repealed pursuant to the
      procedures set forth in section one thousand forty-three, and
        2.  submit  to  the  City  Record  for publication by the first day of
      September, nineteen hundred ninety, a list of rules  submitted  pursuant
      to  subdivisions  a and e of this section, except for rules contained in
      the health  code.  Such  list  shall  include  for  each  rule  a  short
      descriptive  title, as well as any available identifying names, numbers,
      adoption dates or  similar  information  regarding  such  rule;  and  an
      indication  of  the  agency's  intention  to  continue such rule without
      amendments, to continue it with amendments or to repeal it.
        c. No rule, as defined in subdivision five  of  section  one  thousand
      forty-one,  which  is  in force as of the first day of January, nineteen
      hundred eighty-nine shall have any force or effect on or after the tenth
      day of August, nineteen hundred and eighty-nine unless it  is  submitted
      by the agency to the corporation counsel by such date.
        d.  Except as provided in subdivision e, no rule adopted by any agency
      prior to the effective date of this chapter  shall  have  any  force  or
      effect  after  the first day of July, nineteen hundred ninety-one unless
      it is included in the Compilation required to be published by that  date
      pursuant  to  section  one thousand forty-five; provided however that in
      the  case  of  an  inadvertent  failure  to  publish  a  rule  in   such
      Compilation,  the  rule  shall  become  effective  as of the date of its
      publication, if it is published within six  months  from  the  date  the
      corporation  counsel  received  notice  of  its  omission,  and  further
      provided that any  judicial  or  administrative  action  or  proceeding,
      whether criminal or civil, commenced under or by virtue of any provision
      of  a  rule  voided  pursuant  to this section and pending prior to such
      voidance, may be prosecuted and defended to final  effect  in  the  same
      manner as they might if such rule had not been so voided.
        e.  On  or before a date one hundred eighty days after the publication
      date of the Compilation required to be published pursuant to section one
      thousand forty-five, any person may submit to the agency involved a copy
      or a description of a rule which such person believes to be in force  as
      of the effective date of this chapter. Upon the receipt of a description
      or  copy  of  such  a  rule,  the  agency  shall  endeavor to verify the
    
      existence of such rule and upon identifying such rule, if such rule  was
      in force and effect as of the effective date of this chapter and has not
      been  submitted  to the corporation counsel pursuant to subdivision a of
      this  section,  the  agency  shall take the actions required pursuant to
      subdivision a of this section, and  notwithstanding  the  provisions  of
      subdivisions  c  and  d of this section, such rule shall remain in force
      and effect until or unless amended or repealed pursuant to  section  one
      thousand forty-three.