N.Y. Comp. Codes R. & Regs. tit. 21 § 1040.3

Current through Register Vol. 46, No. 50, December 11, 2024
Section 1040.3 - Construction

In interpreting or applying these rules, the following provisions shall apply:

(a) SIRTOA reserves the right from time to time to suspend, modify or revoke application of any or all of the rules as it deems necessary or desirable.
(b) No act otherwise prohibited by any of the rules may be undertaken unless specifically authorized by the terms of any written contract, agreement, permit, license, or lease of the type issued in the ordinary course of business by SIRTOA or the Authority, provided that such act is otherwise in compliance with any other applicable laws, rules and regulations. Any act otherwise prohibited by these rules is lawful if performed by an officer, employee or designated agent of SIRTOA or the Authority acting within the scope of their employment or agency.
(c) The rules shall not apply to a SIRTOA or Authority employee acting within the course of their employment in an area which is closed to the public. Conduct by SIRTOA employees in areas closed to the public shall continue to governed in accordance with applicable rules, laws and SIRTOA disciplinary procedures.
(d) These rules shall apply with equal force to any person assisting, aiding or abetting another, including a minor, in any of the acts prohibited by the rules or assisting, aiding or abetting another, including a minor, in the avoidance of any of the requirements of the rules.
(e) The order or judgment of a court or other tribunal of competent jurisdiction that any provision of the rules is invalid shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate any other provision of the rules or the application of any part of the rules to any other person or circumstance; the provisions of the rules are declared to be severable.
(f) The singular shall mean and include the plural.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1040.3

Amended New York State Register October 14, 2020/Volume XLII, Issue 40, eff. 10/14/2020