N.Y. Comp. Codes R. & Regs. Tit. 18 § 300.6 - Review by the State commissioner of local rules, regulations and procedures
Rules, regulations and procedures by social services officials shall be filed with the department at least 30 days prior to the proposed effective date and shall not become operative until approval by the commissioner or until the 30th day after filing if not disapproved by the commissioner as being inconsistent with law or department regulation.
(a) The provisions of this section apply to
all rules, regulations and procedures relating to programs of assistance and
care mandated on social services districts by Federal requirements or the
Social Services Law, except those required to be submitted for department
approval under other provisions of law or State regulation, and those concerned
strictly with internal management of the district.
(b) The filing shall be dated from the day of
receipt by the office of the rule, regulation or procedure and the 30th day
after such filing shall be determined beginning with the day after the
filing.
(c) The local commissioner
of social services shall submit in duplicate to the State Department of Social
Services for approval the proposed local rule, regulation or procedure
accompanied by the prescribed form. Where necessary to substantiate the
proposed rule, regulation or procedure, documentation shall be included. This
submittal shall be by certified mail, return receipt requested.
(d) Within the 30-day period, the State
commissioner shall return to the local department one copy of the form, showing
approval, or disapproval with reasons, of the proposed rule, regulation or
procedure.
(e) The provisions of
this section shall not apply to rules, regulations and procedures mandated or
recommended by the department.
Notes
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