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This entry was published on 2020-04-10
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SECTION 207
Review of existing rules
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 2
§ 207. Review of existing rules. 1. (a) Unless the contrary is
specifically provided by paragraph (b) of this subdivision or by another
law, any rule which is adopted on or after the effective date of this
section shall be reviewed in the calendar year specified in the notice
of adoption for the rule, provided that at a minimum every rule shall be
initially reviewed no later than in the fifth calendar year after the
year in which the rule is adopted, and, thereafter, every rule shall be
re-reviewed at five-year intervals.

(b) For any rule for which a regulatory flexibility analysis, rural
area flexibility analysis or job impact statement is required, the
initial review shall occur no later than in the third calendar year
after the year in which the rule is adopted; provided, however, that the
agency may propose a different review period in such analysis or
statement, along with its justification for doing so, and shall invite
public comment thereon. The review period specified for the rule and an
assessment of any comments on this issue shall accompany the notice of
adoption.

2. An agency shall submit for publication in the regulatory agenda
published in January pursuant to section two hundred two-d of this
article a list of the rules which must be reviewed pursuant to
subdivision one of this section in the ensuing calendar year. In
addition to the information required by such section two hundred two-d,
for each rule so listed the agency shall provide an analysis of the need
for and legal basis of such rule, shall invite public comment on the
continuation or modification of the rule and shall indicate the last
date for submission of comments which shall be not less than forty-five
days from the date of publication. An agency shall also publish the list
of rules that must be reviewed pursuant to this section on its website.
If the original notice of proposed rule making for a listed rule
required the preparation of a regulatory flexibility analysis, a rural
area flexibility analysis, or a job impact statement, the agency shall
so indicate and shall provide outreach as appropriate to potentially
affected small businesses, local governments and public and private
interests in rural areas that the rule is being reviewed. Such outreach
may include solicitation of input through electronic means or through
any of the activities listed in subdivision six of section two hundred
two-b and subdivision seven of section two hundred two-bb of this
article.

3. If an agency determines that a rule subject to the provisions of
this section should be modified, it shall publish a notice of proposed
rule making for such rule, which, in addition to the information
otherwise required by this article, shall include a statement setting
forth a reasoned justification for modification of the rule and an
assessment of public comments, prepared in accordance with subdivision
four-a of section two hundred two of this article, which were submitted
to the agency in response to the listing of the rule in the regulatory
agenda. Where appropriate, the agency shall also include in its
statement a discussion of the degree to which changes in technology,
economic conditions, time required to comply, or other factors in the
area affected by the rule necessitate changes in the rule.

4. If an agency determines that a rule subject to the provisions of
this section should continue without modification, it shall publish a
notice to that effect, which shall identify the rule and the statutory
authority for the rule, and include a statement setting forth a reasoned
justification for continuation of the rule without modification and an
assessment of public comments, prepared in accordance with subdivision
four-a of section two hundred two of this chapter, which were submitted
to the agency in response to the listing of the rule in the regulatory
agenda.

5. This section shall not apply to any rule which was adopted as a
consensus rule or as a minor, obsolete or invalid rule, or to a rule
defined in subparagraph (ii) of paragraph (a) of subdivision two of
section one hundred two of this chapter.