N.Y. Comp. Codes R. & Regs. tit. 6 § 619.4

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

Section 619.4 - Overlapping regulations; compliance determinations

(a) Any person subject to a requirement imposed by a State statute or rule administered by the department and to a similar requirement imposed by the Federal government may, pursuant to this Part, petition the general counsel for a declaratory ruling as to whether compliance with the Federal requirement will be accepted as compliance with the State requirement. Upon receipt of any such petition, the department shall submit a copy thereof to the Office of Business Permits and Regulatory Assistance.

(b) If the general counsel determines that compliance with the Federal requirement would not satisfy the purpose of relevant provisions of the State statute or rule involved, the general counsel shall so inform the petitioner in writing, stating the reasons therefor, and may issue a declaratory ruling to that effect. A copy of such written statement of reasons and any such declaratory ruling shall be submitted by the department to the Office of Business Permits and Regulatory Assistance.

(c) If the general counsel determines that compliance with the Federal requirement would satisfy the purposes and relevant provisions of the State statute involved but that it would not satisfy the relevant provisions of the State rule involved, the general counsel shall so inform the petitioner and the Office of Business Permits and Regulatory Assistance and may initiate a rule making proceeding in accordance with the State Administrative Procedure Act to consider revising such rule to allow compliance with such Federal requirement to be acceptable as being consistent with the requirements and purposes of such State statute.

(d) If the general counsel determines that compliance with the Federal requirement would satisfy the purposes and relevant provisions of both the State statute and rules involved, the general counsel shall issue a declaratory ruling indicating its intention to accept compliance with the Federal requirement as compliance with the State requirements, and the terms and conditions under which it intends to do so. A copy of such declaratory ruling shall be submitted by the department to the Office of Business Permits and Regulatory Assistance.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 619.4