Petitions for Rulemaking

RCNY tit. 48, ch. 8

in effect

48 RCNY § 8-01 Scope.

§ 8-01 Scope. These rules govern the procedures by which the public may submit to the Office of Administrative Trials and Hearings (OATH) petitions for rulemaking, pursuant to Section 1043(g) of the New York City Charter (City Administrative Procedure Act), and the procedures for OATH's consideration and disposition of such petitions. (Added City Record 1/10/2022, eff. 2/9/2022)

48 RCNY § 8-02 Definitions.

§ 8-02 Definitions. As used in this chapter: City Administrative Procedure Act. "City Administrative Procedure Act" means the requirements for rulemaking by agencies of the City of New York specified in Chapter 45 of the New York City Charter. Commissioner. "Commissioner" means OATH's Chief Administrative Law Judge and Chairperson of the Environmental Control Board. Person. "Person" means an individual, partnership, corporation, or other legal entity, and any individual or entity acting in a fiduciary or representative capacity. Petition. "Petition" means a request that OATH adopt a rule. Petitioner. "Petitioner" means the person who files a petition. Rule. "Rule" has the same meaning as in Section 1041(5) of the New York City Charter. (Added City Record 1/10/2022, eff. 2/9/2022)

48 RCNY § 8-03 Procedures for Submitting Petitions.

§ 8-03 Procedures for Submitting Petitions. (a) Any person may petition the Commissioner to adopt a rule. The petition must include: (1) The proposed language of the rule; (2) Petitioner's arguments in support of adoption of the rule; (3) The name, address, telephone number, and e-mail address of the petitioner or the petitioner's authorized representative; (4) The signature of petitioner or his or her representative. (b) Any change in the information provided pursuant to paragraph three of subdivision (a) of this section must be reported promptly in writing to OATH by (1) mail to OATH at 66 John Street, 11th Floor, New York, N.Y. 10038, ATTN: General Counsel; or (2) e-mail to Rules_Oath@oath.nyc.gov. (Added City Record 1/10/2022, eff. 2/9/2022)

48 RCNY § 8-04 Procedures for Consideration of and Responses to Petitions.

§ 8-04 Procedures for Consideration of and Responses to Petitions. (a) When a petition submitted in proper form is received, the Commissioner, or his or her representative, will deny or approve the petition within 60 days from the date the petition was received. (b) The Commissioner, or his or her representative, will either deny the petition in a written statement or grant the petition by stating in writing his or her intention to initiate rulemaking by a specified date. (c) The Commissioner, or his or her representative, may grant the petition in whole or in part and is not bound by the proposed language in the petition. (d) The Commissioner, or his or her representative, may amend or modify the language of the rule as proposed in the petition at his or her discretion. (Added City Record 1/10/2022, eff. 2/9/2022)

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/0-0-0-84522Fetched: 10/24/2026