N.Y. Comp. Codes R. & Regs. tit. 14 § 831.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 831.10 - Declaratory Rulings

(a) Pursuant to section 204 of the administrative procedure law, persons may petition the Office for a declaratory ruling on the applicability of any regulation or statute enforceable by the Office. The Office may issue a declaratory ruling with respect to:

(1) the applicability to any person, property or state of facts of any regulation or statute enforceable by the Office, or;

(2) whether any action by the Office should be taken pursuant to a rule.

(b) Procedure. Petitions must be in writing and addressed to Counsel, New York State Office of Alcoholism and Substance Abuse, 1450 Western Ave., Albany, NY 12203, by certified mail, return receipt requested. Petitions must contain the following:

(1) name and address of petitioner;

(2) a statement requesting a declaratory ruling, specifying the rule or statutory provision for which the declaratory ruling is requested;

(3) a statement of relevant facts and circumstances, and full disclosure of petitioner's interest; and

(4) verification under oath by petitioner of all facts and assertions therein.

(c) Ruling. Counsel shall issue and mail to petitioner, certified mail, return receipt requested, a declaratory ruling within 60 days of the receipt of a completed petition, or a statement declining to issue a declaratory ruling. Rulings shall be available for public inspection at the Office.

(d) Conditions. No correspondence or opinion issued by the Office shall be construed as a declaratory ruling unless it is identified as a declaratory ruling and is issued in response to a petition pursuant to this section.

(e) Nothing in this section shall be construed to prohibit the determination of the validity or applicability of the regulation in any other action or proceeding in which its invalidity or inapplicability is asserted, and nothing in this section shall be construed to limit any rights which may exist under article seventy-eight of the civil practice law and rules.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 831.10

Amended, New York State Register January 29, 2014/Volume XXXVI, Issue 4, eff. 1/29/2014

Amended New York State Register October 30, 2019/Volume XLI, Issue 44, eff. 10/30/2019