§ 5-04 Procedures for Submitting Petitions and Responses to Petitions.
RCNY § 5-04
(a)Any person may petition an agency to consider the adoption of a rule. The petition must contain the following information: (1) The rule to be considered, with proposed language for adoption; (2) A statement of the agency's authority to promulgate the rule and its purpose; (3) Petitioner's argument(s) in support of adoption of the rule; (4) The period of time the rule should be in effect; (5) Responses to any questions posed on a form provided by an agency for such petitions, pursuant to subdivision (d) of this section; (6) The name, address and telephone number of the petitioner or his or her authorized representative; (7) The signature of petitioner or his or her representative.
(b)Any change in the information provided pursuant to 43 RCNY § 5-04(a)(6) must be communicated promptly in writing to the office of which the petition was submitted.
(c)All petitions should be typewritten, if possible, but handwritten petitions will be accepted, provided they are legible.
(d)Each agency is authorized to adopt a form petition. Every petition for rulemaking shall be submitted on such form, unless such a form is not available from the agency, in which case the petition shall be filed in duplicate on plain white paper.
(e)Each agency may designate an officer or location to which a petition must be addressed or delivered. If no officer or location is designated, petitions shall be mailed or delivered to the agency's General Counsel.
(f)Upon receipt of a petition submitted in the proper form, the designated officer for each agency will stamp the petition with the date it was received and will assign the petition number. If that officer is not the person who will ultimately accept or deny the petition for adoption of a rule, the officer will forward the petition to the agency's Commissioner, or the officer or employee of the agency authorized to accept or deny such petitions for the agency.
(g)Within sixty days from the date the petition was received by the agency, the agency shall either deny such petition in a written statement containing the reasons for denial, or shall state in writing the agency's intention to grant the petition and to initiate rulemaking by a specified date. In proceeding with such rulemaking, an agency shall not be bound by the language proposed by petitioner, but may amend or modify such proposed language at the agency's discretion. The agency's decision to grant or deny a petition is final.
(h)The agency's decision to grant or deny an appeal is final.
