102 - Filing and publication of codes, rules and regulations.

§ 102. Filing  and  publication of codes, rules and regulations. 1. a.  No code, rule or regulation shall become effective  until  it  is  filed  with  the secretary of state, unless a later date is required by statute  or is specified by such code, rule or regulation.    b. Each department, board, bureau, officer, authority,  commission  or  other  agency  of the state, authorized by statute to adopt codes, rules  or regulations shall transmit to the secretary of state a certified copy  of every such code, rule and regulation except such as relate solely  to  the  organization  or  internal  management  of  such department, board,  bureau, authority, commission or other agency of the state in  force  at  the  time  of  such  transmittal  or  to  become  effective  thereafter,  certified by the head of  such  department,  board,  bureau,  authority,  commission  or  other agency of the state, or if such head is a board or  commission, by the  chairman  or  secretary  thereof,  together  with  a  citation  of  the  statutory authority pursuant to which each such code,  rule or regulation was adopted.    c. Any code, rule or regulation which includes in the text thereof any  United States statute, or code, rule or regulation previously  published  in  the  code  of federal regulations or in the federal register, or any  previously  published   data,   criteria,   standards,   specifications,  techniques,  illustrations  or other information reasonably available to  regulated  parties,  shall  have  set  forth  in  its  text  a   precise  identification   of   such  material,  including  but  not  limited  to:  applicable titles, dates, editions, page numbers, section  numbers,  and  authors,  the  names and addresses of the publisher from whom a copy may  be obtained, and the designated office or offices of the adopting agency  at which such material is available for public inspection and copying.    d. No amendment to any material identified pursuant to paragraph c  of  this  subdivision  shall  be effective unless adopted in compliance with  the applicable provisions of law and filed with the secretary  of  state  pursuant to this section.    e.   The  secretary  of  state  shall  promulgate  rules  establishing  procedure, forms, style and font for submission of every such code, rule  and regulation required to be submitted by this section.    2.  Immediately  upon  adopting  any  new  code,  rule  or  regulation  including any rule as defined in the state administrative procedure act,  or  any  amendment to or repeal thereof, except such as relate solely to  the organization or internal management of a department, board,  bureau,  authority, commission or other agency of the state, the original thereof  shall  be  filed  in  the  office  of  the department of state. Attached  thereto shall be a certificate, in a form prescribed by the secretary of  state, citing the statutory authority including particular sections  and  subdivisions  pursuant  to  which  each such change or new code, rule or  regulation  was  adopted,  the  date  of  adoption,  and  the  date   of  publication  in  the  state  register  of  the notice required under the  provisions of the state administrative procedure act as well as the date  and manner of publication of any additional prior notice required  under  any  other  statute.  If  the  action  taken  shall  be  exempt from the  provisions of the state administrative procedure act  and  if  no  other  statutory  notice  requirement shall be applicable the certificate shall  so state.   Such  certificate  shall  be  signed  by  the  head  of  the  department, board, bureau, authority, commission, or other agency of the  state,  or  if  such  head  is a board or commission, by the chairman or  secretary thereof, or, in lieu of such signatures, it may be signed by a  person designated by such head or chairman aforementioned, provided such  designation is made in writing, contains therein the  signature  of  the  person  designated,  and  is  filed  with  the  department of state. The  secretary of state shall reject any rule submitted  for  filing  in  theevent  that  either  the  notice  required by subdivision five or six of  section two hundred two of the state administrative  procedure  act,  or  the  attached  certificate,  reveals  that  the  rule was not adopted in  substantial compliance with section two hundred two of such act.    3.  It shall be the duty of the secretary of state to prepare a master  compilation of all such codes, rules and regulations in  such  form  and  order as he may determine. He shall not, however, change the language of  any  existing  code,  rule  or  regulation except a title or explanatory  caption; but he shall recommend any such change as he may deem advisable  to the department, board,  bureau,  officer,  authority,  commission  or  other  agency  of  the  state  authorized  to  adopt  such code, rule or  regulation.  Such master compilation shall include all codes, rules  and  regulations except such as relate solely to the organization or internal  management  of  a  department,  board,  bureau, authority, commission or  other agency of the state, in  effect  on  the  first  day  of  January,  nineteen  hundred  forty-five, and which he shall certify as a true copy  of the master compilation prepared by him.    4. Publication of all such codes, rules and regulations filed with the  secretary of state pursuant to this section shall  be  provided  in  the  following manner:    a.  the secretary of state shall make readily available in his office,  for  public  inspection  and  copying,  the  full  text  of  the  master  compilation;    b.  each agency shall make readily available at a designated office or  offices of the agency, for public inspection and copying, the full  text  of all codes, rules and regulations adopted by the agency;    c.  at  the  same  time material identified pursuant to paragraph c of  subdivision one of this section is filed with the secretary of state, an  agency shall transmit a copy of all such material except  material  that  is  a  United  States statute or a code, rule or regulation published in  the Code of Federal Regulations  or  in  the  Federal  Register  to  the  legislative library and, within each judicial district of the state, one  court law library designated by the chief administrator of the courts;    d.  notwithstanding any provisions of law to the contrary, photocopies  of any codes, rules and regulations shall be  available  to  the  public  upon payment of a fee not to exceed twenty-five cents per page; and    e.  the secretary of state shall cause such compilation to be printed;  however, he may exclude from such  printed  compilation  any  previously  published  portion  of  a rule which is precisely identified in the text  thereof pursuant to paragraph c of subdivision one of this section.    5. The compilation printed pursuant to paragraph e of subdivision four  of this section shall be known as the "official  compilation  of  codes,  rules  and regulations of the state of New York" and shall presumptively  establish the codes, rules and regulations of the  state  of  New  York,  except  such as relate solely to the organization or internal management  of a department, board, bureau, authority, commission or other agency of  the state, in force and effect on the first  day  of  January,  nineteen  hundred   forty-five.  The  official  supplements  to  such  compilation  published as hereinafter  provided  shall  presumptively  establish  any  changes in such codes, rules and regulations and any new codes, rules or  regulations except such as relate solely to the organization or internal  management  of  a  department,  board,  bureau, authority, commission or  other agency of the state, affected by addition, amendment or repeal, or  adopted during the period ending on the thirty-first day of December  in  any  year  immediately  preceding  the  publication  of such supplement.  Nothing in such official compilation  or  any  new  edition  thereof  or  official  supplement thereto shall be construed as repealing or amending  any code, rule or regulation adopted by any department,  board,  bureau,authority,  commission  or other agency of the state, and in case of any  inconsistency arising through omission or otherwise between the official  compilation and such codes, rules and regulations as filed in the office  of the secretary of state, the latter shall prevail.