202-e. Guidance documents; availability to public. 1. Not less than once each year, every agency shall submit to the secretary of state for publication in the state register a list of all guidance documents on which the agency currently relies, and provide information on where and how regulated parties and members of the public may inspect and obtain copies of any such document; provided, however, that the department of environmental conservation shall be exempt from the requirements of this subdivision. Unless otherwise provided for by law, an agency may make such documents available as provided in the freedom of information law, and may charge fees pursuant to such law for copies of any such document.
2. The secretary of state may exempt an agency from compliance with the requirements of subdivision one of this section upon a determination that the agency has published on its website the full text of all guidance documents on which it currently relies. The secretary of state shall publish a notice of such determination identifying the website in the state register.
3. Nothing in this section shall be construed as authorizing or requiring the publication of any guidance document where such publication is prohibited or limited by law.
4. Not less than once every five years, every agency shall conduct a process for reviewing and updating all guidance documents on which it currently relies. In conducting such process, the agency shall obtain feedback from regulated parties and members of the public who are directly or indirectly affected by the guidelines.
5. The secretary of state may adopt regulations to implement the provisions of this section.
Last modified: February 3, 2019