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This entry was published on 2014-09-22
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Petition for revocation or modification of rule or order of the commissioner
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 3
§ 36-a. Petition for revocation or modification of rule or order of
the commissioner. Any person subject to a rule or order of the
commissioner, promulgated under the provisions of article four, article
four-a, or article twenty-one of this chapter, may file a written
petition with the commissioner stating that any such rule or order or
provision thereof or any obligation imposed in connection therewith is
not in accordance with law and praying for the revocation or
modification thereof. He shall thereupon be given an opportunity for a
hearing and ruling upon such petition in accordance with the provisions
of subdivision five of section thirty-six of this article. The decision
of the commissioner shall be final unless within thirty days after its
issuance one of the parties shall institute a proceeding for the review
thereof, as provided in the next section, provided further that the
pendency of any such proceeding shall not impede or prevent the
commissioner from taking any action authorized under section thirty-five
of this article.