§ 8. Procedure. 1. After the issuance of any regulation or order by
the commission any person subject to any provision of such regulation or
order may, in accordance with regulations to be prescribed by the
commission, file a protest against such regulation or order specifically
setting forth his objections to any such provisions and affidavits or
other written evidence in support of such objections. Statements in
support of any such regulation or order may be received and incorporated
in the record of the proceedings at such times and in accordance with
such regulations as may be prescribed by the commission. Within a
reasonable time after the filing of any protest under this subdivision
the commission shall either grant or deny such protest in whole or in
part, notice such protest for hearing, or provide an opportunity to
present further evidence in connection therewith. In the event that the
commission denies any such protest in whole or in part, the commission
shall inform the protestant of the grounds upon which such decision is
based, and of any economic data and other facts of which the commission
has taken official notice.

2. In the administration of this act the commission may take official
notice of economic data and other facts, including facts found by the
commission as a result of action taken under section four.

3. Any proceedings under this section may be limited by the commission
to the filing of affidavits, or other written evidence, and the filing
of briefs.

4. Any protest filed under this section shall be granted or denied by
the commission, or granted in part and the remainder of it denied,
within a reasonable time after it is filed. If the commission does not
act finally within a period of ninety days after the protest is filed,
the protest shall be deemed to be denied. However, the commission may
grant one extension not to exceed thirty days with the consent of the
party filing such protest; any further extension may only be granted
with the consent of all parties to the protest. No proceeding may be
brought pursuant to article seventy-eight of the civil practice law and
rules to challenge any order or determination which is subject to such
protest unless such review has been sought and either (1) a
determination thereon has been made or (2) the ninety-day period
provided for determination of the protest (or any extension thereof) has
expired. If the commission does not act finally within a period of
ninety days after the entry of an order of remand to the commission by
the court in a proceeding instituted pursuant to section nine, the order
previously made by the commission shall be deemed reaffirmed. However,
the commission may grant one extension not to exceed thirty days with
the consent of the petitioner; any further extension may only be granted
with the consent of all parties to the petition.

5. The commission shall compile and make available for public
inspection at reasonable hours at its principal office and at each
appropriate local office a copy of each decision hereafter rendered by
it upon granting, or denying, in whole or in part, any protests filed
under this section.