Petitions for Rulemaking

RCNY tit. 43, ch. 5

in effect

43 RCNY § 5-01 Short Title.

§ 5-01 Short Title. These Rules and Regulations shall be known and may be cited as "Rules for Petitioning."

§ 5-02 Definitions. Agency. "Agency" shall mean an agency the head of which holds office upon the appointment of the Mayor. Person. "Person" shall mean an individual, partnership, corporation or other legal entity, and any individual or entity acting in a fiduciary or representative capacity. Petition. "Petition" shall mean a request or application for any agency to adopt a rule. Petitioner. "Petitioner" shall mean the person who files a petition. Rule. "Rule" shall have the meaning set forth in Section 1041(5) of the Charter (City Administrative Procedure Act) and shall mean generally any statement or communication of general applicability that (1) implements or applies law or policy or (2) prescribes the procedural requirements of an agency, including an amendment, suspension, or repeal of any such statement or communication.

43 RCNY § 5-03 Scope.

§ 5-03 Scope. These Rules and Regulations shall govern the procedures by which the public may submit petitions for rulemaking pursuant to Section 1043(f) of the Charter (City Administrative Procedures Act).

43 RCNY § 5-04 Procedures for Submitting Petitions and Responses to Petitions.

§ 5-04 Procedures for Submitting Petitions and Responses to Petitions. (a) Any person may petition an agency to consider the adoption of a rule. The petition must contain the following information: (1) The rule to be considered, with proposed language for adoption; (2) A statement of the agency's authority to promulgate the rule and its purpose; (3) Petitioner's argument(s) in support of adoption of the rule; (4) The period of time the rule should be in effect; (5) Responses to any questions posed on a form provided by an agency for such petitions, pursuant to subdivision (d) of this section; (6) The name, address and telephone number of the petitioner or his or her authorized representative; (7) The signature of petitioner or his or her representative. (b) Any change in the information provided pursuant to 43 RCNY § 5-04(a)(6) must be communicated promptly in writing to the office of which the petition was submitted. (c) All petitions should be typewritten, if possible, but handwritten petitions will be accepted, provided they are legible. (d) Each agency is authorized to adopt a form petition. Every petition for rulemaking shall be submitted on such form, unless such a form is not available from the agency, in which case the petition shall be filed in duplicate on plain white paper. (e) Each agency may designate an officer or location to which a petition must be addressed or delivered. If no officer or location is designated, petitions shall be mailed or delivered to the agency's General Counsel. (f) Upon receipt of a petition submitted in the proper form, the designated officer for each agency will stamp the petition with the date it was received and will assign the petition number. If that officer is not the person who will ultimately accept or deny the petition for adoption of a rule, the officer will forward the petition to the agency's Commissioner, or the officer or employee of the agency authorized to accept or deny such petitions for the agency. (g) Within sixty days from the date the petition was received by the agency, the agency shall either deny such petition in a written statement containing the reasons for denial, or shall state in writing the agency's intention to grant the petition and to initiate rulemaking by a specified date. In proceeding with such rulemaking, an agency shall not be bound by the language proposed by petitioner, but may amend or modify such proposed language at the agency's discretion. The agency's decision to grant or deny a petition is final. (h) The agency's decision to grant or deny an appeal is final.

43 RCNY § 5-05 Public Notice and Promulgation of Rules and Regulations by City Agencies.

§ 5-05 Public Notice and Promulgation of Rules and Regulations by City Agencies. (a) Each agency shall publicize by posting in a conspicuous location, (1) the procedures for submitting petitions for rulemaking including the location at which any necessary forms may be obtained, and (2) the name, title, business address and telephone number of the officer designated to receive petitions. (b) Each agency shall forthwith submit for publication in The City Record notice of the name, title, business address and telephone number of the officer designated to receive petitions, and the location at which any necessary forms may be obtained. Notice of any change in the above information shall be published as soon as practicable in The City Record. Such notice shall not constitute a rule as defined in the Section 1041(5) of the Charter. (c) In addition to the matters required to be published pursuant to subdivision (b) of this section, each agency may, after consultation with the Law Department, promulgate such additional rules as may be necessary to effectuate the purpose of these Rules and Regulations.

43 RCNY § 5-06 Severability.

§ 5-06 Severability. If any provision of these Rules and Regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of these Rules and Regulations or the application thereof to other persons and circumstances.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-81101Fetched: 10/24/2026