New York Laws
Article 6 - Department of State
102 - Filing and Publication of Codes, Rules and Regulations.

§ 102. Filing and publication of codes, rules and regulations. 1. a.
No code, rule or regulation shall become effective until it is filed
with the secretary of state, unless a later date is required by statute
or is specified by such code, rule or regulation.

b. Each department, board, bureau, officer, authority, commission or
other agency of the state, authorized by statute to adopt codes, rules
or regulations shall transmit to the secretary of state a certified copy
of every such code, rule and regulation except such as relate solely to
the organization or internal management of such department, board,
bureau, authority, commission or other agency of the state in force at
the time of such transmittal or to become effective thereafter,
certified by the head of such department, board, bureau, authority,
commission or other agency of the state, or if such head is a board or
commission, by the chairman or secretary thereof, together with a
citation of the statutory authority pursuant to which each such code,
rule or regulation was adopted.

c. Any code, rule or regulation which includes in the text thereof any
United States statute, or code, rule or regulation previously published
in the code of federal regulations or in the federal register, or any
previously published data, criteria, standards, specifications,
techniques, illustrations or other information reasonably available to
regulated parties, shall have set forth in its text a precise
identification of such material, including but not limited to:
applicable titles, dates, editions, page numbers, section numbers, and
authors, the names and addresses of the publisher from whom a copy may
be obtained, and the designated office or offices of the adopting agency
at which such material is available for public inspection and copying.

d. No amendment to any material identified pursuant to paragraph c of
this subdivision shall be effective unless adopted in compliance with
the applicable provisions of law and filed with the secretary of state
pursuant to this section.

e. The secretary of state shall promulgate rules establishing
procedure, forms, style and font for submission of every such code, rule
and regulation required to be submitted by this section.

2. Immediately upon adopting any new code, rule or regulation
including any rule as defined in the state administrative procedure act,
or any amendment to or repeal thereof, except such as relate solely to
the organization or internal management of a department, board, bureau,
authority, commission or other agency of the state, the original thereof
shall be filed in the office of the department of state. Attached
thereto shall be a certificate, in a form prescribed by the secretary of
state, citing the statutory authority including particular sections and
subdivisions pursuant to which each such change or new code, rule or
regulation was adopted, the date of adoption, and the date of
publication in the state register of the notice required under the
provisions of the state administrative procedure act as well as the date
and manner of publication of any additional prior notice required under
any other statute. If the action taken shall be exempt from the
provisions of the state administrative procedure act and if no other
statutory notice requirement shall be applicable the certificate shall
so state. Such certificate shall be signed by the head of the
department, board, bureau, authority, commission, or other agency of the
state, or if such head is a board or commission, by the chairman or
secretary thereof, or, in lieu of such signatures, it may be signed by a
person designated by such head or chairman aforementioned, provided such
designation is made in writing, contains therein the signature of the
person designated, and is filed with the department of state. The
secretary of state shall reject any rule submitted for filing in the

event that either the notice required by subdivision five or six of
section two hundred two of the state administrative procedure act, or
the attached certificate, reveals that the rule was not adopted in
substantial compliance with section two hundred two of such act.

3. It shall be the duty of the secretary of state to prepare a master
compilation of all such codes, rules and regulations in such form and
order as he may determine. He shall not, however, change the language of
any existing code, rule or regulation except a title or explanatory
caption; but he shall recommend any such change as he may deem advisable
to the department, board, bureau, officer, authority, commission or
other agency of the state authorized to adopt such code, rule or
regulation. Such master compilation shall include all codes, rules and
regulations except such as relate solely to the organization or internal
management of a department, board, bureau, authority, commission or
other agency of the state, in effect on the first day of January,
nineteen hundred forty-five, and which he shall certify as a true copy
of the master compilation prepared by him.

4. Publication of all such codes, rules and regulations filed with the
secretary of state pursuant to this section shall be provided in the
following manner:

a. the secretary of state shall make readily available in his office,
for public inspection and copying, the full text of the master
compilation;

b. each agency shall make readily available at a designated office or
offices of the agency, for public inspection and copying, the full text
of all codes, rules and regulations adopted by the agency;

c. at the same time material identified pursuant to paragraph c of
subdivision one of this section is filed with the secretary of state, an
agency shall transmit a copy of all such material except material that
is: (i) a United States statute or a code, rule or regulation published
in the Code of Federal Regulations or in the Federal Register; or (ii)
readily available without charge on the internet to the legislative
library and, within each judicial department of the state, one court law
library designated by the chief administrator of the courts; provided
that for materials readily available on the internet, the agency shall
identify the address at which such materials can be accessed;

d. notwithstanding any provisions of law to the contrary, photocopies
of any codes, rules and regulations shall be available to the public
upon payment of a fee not to exceed twenty-five cents per page; and

e. the secretary of state shall cause such compilation to be printed;
however, he may exclude from such printed compilation any previously
published portion of a rule which is precisely identified in the text
thereof pursuant to paragraph c of subdivision one of this section.

5. The compilation printed pursuant to paragraph e of subdivision four
of this section shall be known as the "official compilation of codes,
rules and regulations of the state of New York" and shall presumptively
establish the codes, rules and regulations of the state of New York,
except such as relate solely to the organization or internal management
of a department, board, bureau, authority, commission or other agency of
the state, in force and effect on the first day of January, nineteen
hundred forty-five. The official supplements to such compilation
published as hereinafter provided shall presumptively establish any
changes in such codes, rules and regulations and any new codes, rules or
regulations except such as relate solely to the organization or internal
management of a department, board, bureau, authority, commission or
other agency of the state, affected by addition, amendment or repeal, or
adopted during the period ending on the thirty-first day of December in
any year immediately preceding the publication of such supplement.

Nothing in such official compilation or any new edition thereof or
official supplement thereto shall be construed as repealing or amending
any code, rule or regulation adopted by any department, board, bureau,
authority, commission or other agency of the state, and in case of any
inconsistency arising through omission or otherwise between the official
compilation and such codes, rules and regulations as filed in the office
of the secretary of state, the latter shall prevail.

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