Section 202-E. Guidance documents; availability to public  


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  • 1. 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; provided, however, that the  department  of
      environmental conservation shall be exempt from the requirements of this
      subdivision.  Unless  otherwise  provided for by law, an agency may make
      such documents available as provided in the freedom of information  law,
      and  may  charge  fees  pursuant  to  such  law  for  copies of any such
      document.
        2. The secretary of state may exempt an agency  from  compliance  with
      the requirements of subdivision one 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.
        3. Nothing in this  section  shall  be  construed  as  authorizing  or
      requiring   the   publication   of  any  guidance  document  where  such
      publication is prohibited or limited by law.
        4. 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.
        5. The secretary of state  may  adopt  regulations  to  implement  the
      provisions of this section.