Petitions to Initiate Rulemaking

RCNY tit. 35, ch. 52, subch. B

in effect

35 RCNY § 52-11 Scope of this Subchapter.

§ 52-11 Scope of this Subchapter. This Subchapter establishes the process by which any person may petition the Commission to consider adoption of a new Rule or Rules.

35 RCNY § 52-12 Penalties.

§ 52-12 Penalties. This Subchapter is informational in nature and does not provide for any penalties.

35 RCNY § 52-13 Definitions Specific to this Subchapter.

§ 52-13 Definitions Specific to this Subchapter. [Reserved.]

35 RCNY § 52-14 Procedures for Submitting Petitions.

§ 52-14 Procedures for Submitting Petitions. (a) Who May Petition. Any person may petition the TLC to consider the adoption of rules. (b) Content of Petitions. Petitions must contain the following information: (1) The proposed language for the rule being proposed; (2) A statement of the TLC's authority to promulgate the rule and its purpose; (3) The petitioner's argument in support of adopting the rule; (4) The period of time the rule should be in effect; (5) The name, address and telephone number of the petitioner; and (6) The signature of the petitioner. (c) Format of Petitions. (1) All petitions should be typewritten. (2) Until the TLC adopts a form for petitioning the adoption of a rule, the petition must be filed on plain, white letter-sized paper. (d) Submission of Petitions. Petitions must be mailed or delivered to the offices of the TLC at 40 Rector Street, New York, New York, 10006-1738, marked to the attention of the Chairperson.

35 RCNY § 52-15 Procedures for Consideration of Petitions.

§ 52-15 Procedures for Consideration of Petitions. (a) Initial Process. When a petition submitted in proper form is received, the TLC will do the following: (1) Stamp the petition with the date it was received; (2) Assign the petition a processing number; and (3) Forward the petition to the Chairperson, who may, at his or her discretion, either deny the petition or present the petition for consideration by the Commission. (4) The Chairperson has 60 days to present the petition for consideration or deny the petition. (b) Denial of Petition By Chairperson. (1) If the Chairperson denies a petition, he or she will present copies of the petition and of the Chairperson's notice rejecting that petition to the full Commission at its next regularly scheduled session. (2) At this session or anytime before the Commission's next regularly scheduled session, any Commission member may ask the Commission to consider the petition to determine whether to initiate rulemaking. The Commission will notify the petitioner if a determination is made to grant the petition. (3) If no Commission member takes action on the petition, the Chairperson will notify the petitioner of the Commission's decision to deny the petition. (c) Consideration by the Commission. (1) If the Chairperson does not deny the petition, he/she will notify the petitioner in writing within 60 days from the date the petition was received of the Commission's intent to grant the petition and to initiate rulemaking by a specific date. (2) In proceeding with rulemaking, the Commission may, at its discretion, amend or modify the language proposed by the petitioner.

35 RCNY § 52-16 Appeal.

§ 52-16 Appeal. No Appeal. The Commission's decision to deny or grant a petition is final and not subject to judicial review.

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/0-0-0-136679Fetched: 10/24/2026