Section 207. Review of existing rules


Latest version.
  • 1.  Unless  the  contrary  is
      specifically provided by another law, any rule which is  adopted  on  or
      after  the  effective  date of this section shall be reviewed after five
      years, and, thereafter, at five-year intervals.
        2. An agency shall submit for publication  in  the  regulatory  agenda
      published  in  January  pursuant  to  section  two hundred two-d of this
      article a  list  of  the  rules  which  must  be  reviewed  pursuant  to
      subdivision  one  of  this  section  in  the  ensuing  calendar year. In
      addition to the information required by such section two hundred  two-d,
      for each rule so listed the agency shall provide an analysis of the need
      for  and  legal  basis  of such rule, shall invite public comment on the
      continuation or modification of the rule and  shall  indicate  the  last
      date  for submission of comments which shall be not less than forty-five
      days from the date of publication.
        3. If an agency determines that a rule subject to  the  provisions  of
      this  section  should be modified, it shall publish a notice of proposed
      rule making for  such  rule,  which,  in  addition  to  the  information
      otherwise  required  by  this article, shall include a statement setting
      forth a reasoned justification for  modification  of  the  rule  and  an
      assessment  of  public comments, prepared in accordance with subdivision
      four-a of section two hundred two of this article, which were  submitted
      to  the  agency in response to the listing of the rule in the regulatory
      agenda.   Where appropriate,  the  agency  shall  also  include  in  its
      statement  a  discussion  of  the degree to which changes in technology,
      economic conditions or other factors in the area affected  by  the  rule
      necessitate changes in the rule.
        4.  If  an  agency determines that a rule subject to the provisions of
      this section should continue without modification, it  shall  publish  a
      notice  to  that effect, which shall identify the rule and the statutory
      authority for the rule, and include a statement setting forth a reasoned
      justification for continuation of the rule without modification  and  an
      assessment  of  public comments, prepared in accordance with subdivision
      four-a of section two hundred two of this chapter, which were  submitted
      to  the  agency in response to the listing of the rule in the regulatory
      agenda.
        5. This section shall not apply to any rule which  was  adopted  as  a
      consensus  rule  or  as  a minor, obsolete or invalid rule, or to a rule
      defined in subparagraph (ii) of paragraph  (a)  of  subdivision  two  of
      section one hundred two of this chapter.