Meeting of the Board of Regents | June 2009
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
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FROM: |
Erin M. O'Grady-Parent |
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SUBJECT: |
June 2009 Regulatory Agenda
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DATE: |
June 9, 2009
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STRATEGIC GOAL: |
Goal 2
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AUTHORIZATION(S): |
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Summary
Issue for Decision (Consent Agenda)
Should the Board of Regents approve the June 2009 Regulatory Agenda?
Reason for Consideration
Required by State statute.
Proposed Handling
Discussion and approval.
Procedural History
N/A
Background Information
Section 202-d of the State Administrative Procedure Act (SAPA) requires that the State Education Department publish, each year, a regulatory agenda in the first January issue, and in the last June issue, of the State Register. The June 2009 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during the remainder of 2009, but has not yet submitted a Notice of Proposed Rule Making. SAPA §202-d(2) provides that nothing in the statute precludes the Department from adopting a different rule from the one appearing in the regulatory agenda. If we do intend to adopt additional rules, the Department must indicate in the Notice of Proposed Rule Making that the rule was not under consideration when the regulatory agenda was submitted for publication. SAPA §202-d(2) also provides that nothing in the statute requires an agency to adopt a rule appearing in the regulatory agenda.
Recommendation
It is recommended that Board of Regents take the following action:
VOTED: That the June 2009 Regulatory Agenda for the State Education Department be approved, as submitted.
Timetable for Implementation
The June 2009 Regulatory Agenda will be published in the State Register on June 24, 2009.
STATE EDUCATION DEPARTMENT
JUNE 2009 REGULATORY AGENDA
Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for the remainder of calendar year 2009. All section and part references are to Title 8 of the New York Code of Rules and Regulations. The State Education Department reserves the right to add, delete or modify, without further notice, except as required by the State Administrative Procedure Act, any item or information presented herein as relating to the June 2009 Regulatory Agenda.
OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to Distinguished Educators to define eligibility and establish selection process duties. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to the restructuring and reorganization of schools under registration review (SURR). A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to District Improvement Plans. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to superintendents' contracts. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 and Chapter 57 of the Laws of 2008 relating to full-day kindergarten and pre-kindergarten transition planning grants. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to pupils with limited English proficiency. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to student progress reports, school leadership and school progress report cards. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner’s Regulations to conform provisions relating to Educationally Related Support Services Aid and Declassification Support Aid to the Laws of 2007. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 100 of the Commissioner's Regulations to conform to Chapter 57 of the Laws of 2007, relating to implementation of an interim growth model, subject to the approval of the U.S. Department of Education. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to teacher tenure, annual professional performance review under section 100.2(o) and the ability to use data to improve student performance. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of 91.2 of the Commissioner’s Regulations to revise and update provisions on the employment of a school library media specialist. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 100.2 of the Commissioner's Regulations, relating to credit make-up and independent studies. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 100.2(p) of the Commissioner's Regulations to conform provisions related to the implementation of differentiated accountability pilot program as part of New York State's No Child Left Behind accountability workbook. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 100.2.(p) of the Commissioner’s Regulations to establish a graduation rate and targets to conform with regulations promulgated by the United States Department of Department in October 2008. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 100.2(x), relating to the education of homeless children. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 100.2 (gg) of the Commissioner's Regulations to revise and update provisions on Violent and Disruptive Incident Reporting (VADIR). A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of 100.7 of the Commissioner’s Regulation to clarify eligibility to take the GED. Currently Job Corp residents and home schooled students are not referenced to their eligibility. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 110.6 of the Commissioner's Regulations relating to aidable summer school programs. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 119 of the Commissioner's regulations to add a section pertaining to residency determinations of students attending charter schools. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 119 of the Commissioner's regulations to add a section pertaining to procedures relating to complaints brought pursuant to Education Law section 2855. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 119.1(e) relating to financing of charter schools. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 136 of the Commissioner's Regulations to implement Chapter 672 of the Laws of 2008, regarding nebulizers in school buildings. A regulatory flexibility for local government and a rural area flexibility analysis may be required.
Amendment of section 136.3 of the Commissioner's Regulations, relating to scoliosis screening. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 140 of the Commissioner's Regulations, relating to County Vocational Education and Extension Boards. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 144.11 of the Commissioner's Regulations, relating to early grade class size. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Subpart 151-1 of the Commissioner's Regulations to allow teachers employed by eligible agencies collaboration with a school district to provide prekindergarten services to be employed without a bachelor's degree in early childhood education or a related field, or a teaching license or certificate valid for services in the childhood grades pursuant to 8 NYCRR Part 80, so long as the teacher has a written plan to obtain certification valid for service in the early childhood grades within 5 years of commencement of employment. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Subpart 151-1 of the Commissioner's Regulations, relating to Universal Pre-kindergarten aid, to implement Chapter 57 of the Laws of 2008. A regulatory flexibility for local government analysis and a rural area flexibility analysis may be required.
Amendment to Part 154 of the Commissioner's Regulations to require that the Comprehensive Plan be reviewed/updated every two years and submitted to the bilingual office when requested as part of a compliance review process of the Department. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 155.22 of the Commissioner's Regulations, relating to procedures for the allocation of the State limitation amount to issuers of Qualified School Construction Bonds pursuant to 26 USC section 54F. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 156 of the Commissioner's Regulations to conform to Chapter 181 of the Laws of 2007 ("P.J.'s Law"), by promulgating regulations requiring school bus drivers and attendants on a bus transporting children with disabilities to complete training, at least once a year, on the special needs of children with disabilities. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 156 of the Commissioner's Regulations, regarding transportation, to revise and update the regulations. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of 164.2 (2)(g) of the Commissioner’s Regulations to align the regulation with the requirements of the National Reporting System (NRS) that was implemented in 1998. The NRS requires that final student information be submitted by October 31st following the July 31st closing of the school year. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner's Regulations, relating to absentee ballots for boards of cooperative educational services (BOCES). A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner's Regulations, relating to school district and BOCES name changes. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner's Regulations, relating to school district financial management. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of the Commissioner's Regulations regarding BOCES installment purchase contracts and leases. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Commissioner's Regulations, relating to certified athletic trainers. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Commissioner's Regulations relating to persistently dangerous schools. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above proposed amendments by contacting:
Johanna Duncan-Poitier
Senior Deputy Commissioner P-16
New York State Education Department
Office of Higher Education
89 Washington Avenue
West Wing, Second Floor Mezzanine - EB
Albany, New York 12234
(518) 474-3862
OFFICE OF HIGHER EDUCATION
Amendment of Part 30 of the Commissioner's Regulations to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 52 and Part 80 of the Commissioner’s Regulations related to the requirements for teacher certification in special education. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 80 of the Commissioner's Regulations to establish requirements for a certificate in educational interpreting. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 80 of the Commissioner's Regulations to expand the scope of practice for holders of the School District Leader certificate and to establish a transitional certificate for School District Business Leaders. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 80 of the Commissioner's Regulations to add enhancements to the individual evaluation pathway for first teaching certificates.
Amendment of Part 83 of the Commissioner's Regulations relating to revocation of teachers' certificates for sex offenders pursuant to Chapter 296 of the Laws of 2008. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 80 and section 100.2(dd) of the Commissioner's Regulations, relating to changes in district professional development plans to account for changes in regulations related to the certification of school leaders.
Amendment of Commissioner's Regulations sections 80-3.6, 83.1, 83.3, 83.5 and 87.5 to change references to the "Executive Director of the Office of Teaching Initiatives" to "Assistant Commissioner, Office of Teaching Initiatives."
Amendment of section 80-1.2 of the Commissioner's Regulations to revise certification requirements to accommodate military personnel pursuant to the Patriot Act.
Amendment of Part 87 of the Commissioner's Regulations relating to oral arguments. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 100.2 of the Commissioner's Regulations to identify elements of a performance evaluation system for school leaders. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Johanna Duncan-Poitier
Senior Deputy Commissioner P-16
New York State Education Department
Office of Higher Education and Office of the Professions
89 Washington Avenue
West Wing, Second Floor Mezzanine - EB
Albany, New York 12234
(518) 474-3862
OFFICE OF THE PROFESSIONS
Amendment of section 3.57(b) of the Regents Rules, conferring the Doctor of Medicine degree, to eliminate the requirement of three years of licensed practice. A rural area flexibility analysis may be required.
Amendment of Part 17 of the Regents Rules to conform to the three member panel law. A rural area flexibility analysis may be required.
Amendment of Part 17 of the Regents Rules relating to the summary suspension procedure. A rural area flexibility analysis may be required.
Amendment of Part 18 of the Regents Rules relating to the provision of services to nurses with substance abuse problems. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 24 of the Regents Rules relating to the approval by the committee on the professions of three-year limited licenses in Dentistry, Dental Hygiene, Veterinary Medicine, Veterinary Technology, and Pharmacy. A rural area flexibility analysis may be required.
Amendment of Part 29 of the Regents Rules relating to the packaging and dispensing of certain pharmaceuticals. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 29 of the Regents Rules relating to the use of identification badges for certain professionals. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 29 of the Regents Rules relating to the reporting of convictions and disciplinary actions by licensed professionals. A rural area flexibility analysis may be required.
Amendment of Parts 52 and 77 of the Commissioner’s Regulations relating to the educational standards necessary for licensure in Physical Therapy. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 59 of the Commissioner’s Regulations relating to the use of ID cards in lieu of registration certificates. A rural area flexibility analysis may be required.
Amendment of Part 59 of the Commissioner’s Regulations relating to English language proficiency. A rural area flexibility analysis may be required.
Amendment of Part 63 of the Commissioner’s Regulations relating to continuing education for pharmacists. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 63 of the Commissioner’s Regulations relating to examination requirements for pharmacists. A rural area flexibility analysis may be required.
Amendment of Part 64 of the Commissioner’s Regulations relating to professional study for licensure as a nurse. A rural area flexibility analysis may be required.
Amendment of Part 64 of the Commissioner’s Regulations relating to the orders required for administering immunizations. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 70 of the Commissioner’s Regulations relating to experience and examination requirements for licensure in Certified Public Accountancy and to competency requirements relating to the signing of financial statements. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 74 and Subparts 79-9 through 79-12 of the Commissioner’s Regulations relating to experience requirements for licensure as a social worker or as a mental health practitioner. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 76 of the Commissioner’s Regulations relating to the supervision of occupational therapy assistants. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Amendment of Part 79 of the Commissioner’s Regulations relating to supervision requirements in the Mental Health professions. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Frank Muñoz
Associate Commissioner
New York State Education Department
Office of the Professions
89 Washington Avenue
West Wing, Second Floor - Education Building
Albany, NY 12234
(518) 486-1765
OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Amendment of sections 100.9 and 200.5 of the Commissioner’s Regulations relating to high school individualized education program (IEP) diplomas. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Part 177 of the Commissioner's Regulations relating to the provision of special education services to students with disabilities who are parentally placed in private schools. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of sections 200.1 and 200.13 relating to students with autism. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 200.2 of the Commissioner’s Regulations relating to special education space requirements plans. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 200.5 of the Commissioner's Regulations relating to timelines to request a due process hearing for parents seeking tuition reimbursement for a unilateral private school placement of a student with a disability and to repeal the requirement relating to parental consent for July/August special education services. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 200.6 of the Commissioner's Regulations relating to minimal level of service requirement for speech language services and school district placement of a student with a disability in an in-state or out-of-state private school. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of sections 200.7 and 200.20(a) of the Commissioner’s Regulations relating to the program standards for private schools approved to serve students with disabilities. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 200.9 of the Commissioner’s Regulations relating to rate-setting and tuition rates for approved programs for students with disabilities. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of section 200.16 of the Commissioner’s Regulations relating to timeliness for individual evaluations and provision of services for preschool students with disabilities. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment of Parts 100 and 200 of the Commissioner’s Regulations to make certain technical amendments, including corrections to cross citations, and as may be appropriate to conform to possible changes made to federal regulations this year. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to Part 246 of the Commissioner’s Regulations, including standards for personnel and services for contractual vocational rehabilitation and supported employment services through community rehabilitation programs and other community providers, to conform with new contractual and quality assurance requirements. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to Parts 246 and 247 of the Commissioner’s Regulations relating to the vocational rehabilitation program operated pursuant to Title I of the Rehabilitation Act, as may be appropriate in order to conform to possible changes made if Congress reauthorizes that act this year. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Agency representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Rebecca Cort
Deputy Commissioner
New York State Education Department
Office of Vocational and Educational Services for Individuals with Disabilities
One Commerce Plaza, Room 1606
Albany, New York 12234
(518) 474-2714
OFFICE OF CULTURAL EDUCATION
Amendments to section 3.27 relating to Chartering and Registration of Museums and Historical Societies with Collections, and section 3.30 relating to Incorporation and Registration of Historical Societies without Collections and Cultural Agencies, requires that each institution’s mission statement and collection management policy contain terms acceptable to the Commissioner; specifies the circumstances under which items in a collection may be deaccessioned; requires that an institution disposing of an item make a “reasonable” effort to sell or transfer the item to another New York State museum, or to another public museum; requires an institution to publish a register of its collection; clarifies that deaccession proceeds may not be used for customary operating expenses or capital expenses; provides criteria under which an institution may designate a structure to be part of the collection and specifies the circumstances, if any, under which such institution may use deaccession proceeds to repair or conserve such structure; requires that the Commissioner or the Regents must provide specific authority to establish, open or close a museum; adds “planetarium” to the definition of “museum”; makes clear that the requirement for larger institutions to be open to the public 1,000 hours a year applies to a museum or exhibit facility; adds language that only institutions that have collecting as a stated purpose in their charter shall hold collections; adds a reference to “board representation” in the requirements for geographically descriptive terms in a corporate name; eliminates reference to “associations of teachers, students and graduates of educational institutions” from the definition of “cultural agency”; and adds additional definitions. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Agency representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Clifford A. Siegfried
Assistant Commissioner
New York State Education Department
3023 Cultural Education Center
Albany, New York 12230
(518) 473-5812
Amendment of Part 90 of the Commissioner’s Regulations, relating to the library and library system programs and services. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Agency Representative
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Bernard A. Margolis
State Librarian and Assistant Commissioner for Libraries
New York State Education Department
New York State Library
Room 10C34
Albany, NY 12230
(518) 474-5930
A proposed amendment to section 185.10 of the Commissioner’s regulations relating to local government records management improvement fund grants, to establish criteria and procedures for the award of formula grants for records management improvement to county clerks and, in the city of New York, to the New York register or other officer or agency having custody of real property records and any officer or agency having custody of supreme court records. A regulatory flexibility analysis for local government may be required.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Christine Ward
Assistant Commissioner for the State Archives
9A49 Cultural Education Center
Albany, New York 12230
(518) 473-7091
A proposed amendment to section 189.3 of the Commissioner’s regulations relating to the Documentary Heritage program, to revise procedures for the award of grants and for the provision of field services. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Christine Ward
Assistant Commissioner for the State Archives
9A49 Cultural Education Center
Albany, New York 12230
(518) 473-7091
OFFICE OF MANAGEMENT SERVICES
A proposed amendment to section 119.1 of the Commissioner's regulations relating to school district payments to charter schools and procedures for requests for a State aid deduction upon nonpayment. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Burt Porter
Director of Education Finance
New York State Education Department
89 Washington Avenue
Room 139 EB
Albany, New York 12234
(518) 486-2422
OFFICE OF STATE REVIEW
Amendment to section 279.1 of the Commissioner's Regulations, relating to the incorporation and clarification of definitions and other provisions, as relevant to state-level review of hearings for students with disabilities, that are currently referenced in Parts 275 and 276; deletion of references to parts 275 and 276; clarification of the jurisdiction of a state review officer; and clarification regarding the authority of a state review officer to review manifestation determinations. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.2 of the Commissioner's Regulations, relating to timelines for serving and filing a Notice of Intention to Seek Review; clarification of purpose of Notice of Intention to Seek review; clarification of timeframe in which to serve upon another party and file a Notice of Intention to Seek review; and addition of a notice of certification requirement. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.4 of the Commissioner's Regulations, relating to the initiation of a review and the timeliness of an appeal, clarify sufficiency of content and time in which to serve the petition for review and memorandum of law upon the opposing party; procedures for filing a petition for review with the Office of State Review; and add disclosure of whether a related action or proceeding is pending in another forum. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.5 of the Commissioner's Regulations, relating to the service of an answer and supporting papers upon the opposing party and filing with the Office of State Review. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.6 of the Commissioner's Regulations, relating to additional pleadings and new matters raised in an answer. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.7 of the Commissioner's Regulations, relating to verification of pleadings. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.8 of the Commissioner's Regulations, relating to the table of authorities, clarification of the requirement that pleadings be signed consistent with 22 NYCRR 130-1.1a(a); and submission of electronic copies of pleadings and memoranda of law. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.9 of the Commissioner's Regulations, relating to content of record; certification of record and clarification that 279.9 (b) refers to complete record. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.10 of the Commissioner's Regulations, relating to requests for extensions of time and length of extensions permitted; submission of additional evidence; clarification of effect of agreements to extend the time in which to initiate a review. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.11of the Commissioner's Regulations, relating to calculating date of mailing and type of mail. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.12 of the Commissioner's Regulations, relating to parties receiving copies of state review officer decisions. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Amendment to section 279.13 of the Commissioner's Regulations, relating to service of petition for review. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Addition of 279.15 of the Commissioner's Regulations, relating to definitions of terms in Part 279. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Paul F. Kelly
Assistant Counsel and State Review Officer
Office of State Review
80 Wolf Road, 2nd Floor
Albany New York 12203
(518) 485-9373