§ 202. Rule making procedure. 1. Notice of proposed rule making. (a)\nPrior to the adoption of a rule, an agency shall submit a notice of\nproposed rule making to the secretary of state for publication in the\nstate register and shall afford the public an opportunity to submit\ncomments on the proposed rule. Unless a different time is specified by\nstatute, the notice of proposed rule making must appear in the state\nregister at least sixty days prior to either\n (i) the addition, amendment or repeal of a rule for which statute does\nnot require that a public hearing be held prior to adoption, or\n (ii) the first public hearing on a proposed rule for which such\nhearing is so required.\n The notice of proposed rule making shall indicate the last date for\nsubmission of comments on the proposed rule, which, unless a different\ntime is specified in statute or this paragraph, shall be not less than\nsixty days after the date of publication of such notice, or, if statute\nrequires that a public hearing be held prior to adoption, not less than\nfive days after the date of the last public hearing scheduled to be held\non the proposed rule. Notwithstanding any other provision of this\nparagraph, when the notice of proposed rule making contains only a\ndescription of the subject, purpose and substance of the rule as\nprovided in subparagraph (v) of paragraph (f) of this subdivision, the\nfull text of the proposed rule shall be posted on a website maintained\nby the agency or another state entity and shall remain posted until such\nproposed rule is adopted, revised, withdrawn or expires pursuant to this\narticle, except that such web posting shall not be required for any rule\ndefined in subparagraph (ii) of paragraph (a) of subdivision two of\nsection one hundred two of this chapter.\n (b) (i) When an agency submits a notice of proposed rule making as\nprovided in paragraph (a) of this subdivision solely for the purpose of\nproposing a consensus rule for adoption, the agency may dispense with\nany requirement for public hearing and the requirements of subparagraphs\n(ii), (iii), (iv), (vi) and (vii) of paragraph (f) of this subdivision;\nprovided, however, that such notice shall include a statement setting\nforth a clear and concise explanation of the basis for the agency's\ndetermination that no person is likely to object to the adoption of the\nrule as written.\n (ii) If any public comment is received on the rule which contains any\nobjection to adoption of a consensus rule, the agency must withdraw the\nnotice of proposed rule making for the consensus rule and may submit a\nnotice of proposed rule making for such rule making which complies with\nall of the relevant provisions of this subdivision.\n (iii) Unless otherwise provided by law, a rule defined in subparagraph\n(ii) of paragraph (a) of subdivision two of section one hundred two of\nthis chapter may be adopted as a consensus rule in accordance with the\nprovisions of this paragraph; provided, however, that for the purposes\nof paragraph (c) of subdivision one of section one hundred three of this\nchapter, any public hearing required by law to be held on any such rule\nshall be deemed to be explicitly directed at such rule. No such rule\nwhich is defined by the public service law as a "major change" may be\nadopted as a consensus rule.\n (c) When appropriate in the judgment of the agency, a notice may also\nbe published in newspapers of general circulation and in trade, industry\nor professional publications as the agency may select, and may be posted\non the agency's internet website, and may be transmitted to newspapers\nand trade, industry or professional publications by electronic means in\naccordance with article three of the state technology law.\n (d) The requirement for publication of a notice of proposed rule\nmaking in the state register shall not preclude the initiation of a\npublic hearing with respect to the proposal of any rule defined in\nsubparagraph
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