* § 202-f. Public hearings. 1. Whenever a public hearing is held on a
proposed rule pursuant to this chapter, unless otherwise provided in
law, an agency is authorized to utilize innovative techniques to enhance
public participation in rule making, including but not limited to
allowing the public to ask questions of agency personnel for a portion
of such hearing, organizing such hearing as a roundtable discussion,
scheduling an evening or weekend hearing, and using digital,
broadcasting and/or teleconferencing technologies; provided, however,
that no such innovative techniques shall be used in a manner which
diminishes the ability which members of the public would otherwise have
to comment on the proposed rule at a public hearing. Each agency listed
in subdivision four of this section shall, and any other agency may,
include in its annual report a description and analysis of its use of
innovative techniques pursuant to this subdivision.

2. Except as provided in subdivision three of this section, if the
workers' compensation board, the state education department, the
department of financial services, the department of labor, or the office
of temporary and disability assistance receive a petition subscribed by
not fewer than five hundred persons residing in this state, or if the
department of health or department of environmental conservation receive
a petition subscribed by not fewer than seven hundred fifty persons
residing in this state, requesting a public hearing on any rule or rules
which have been proposed by the agency, or have been described in the
regulatory agenda submitted by the agency pursuant to section two
hundred two-d of this article, which an agency may require to be
submitted on a petition form it has promulgated, such agency shall hold
at least one public hearing on the rule or rules; provided, however,
that any such petition on a rule which has been proposed must be
received by the agency not later than the thirtieth day before the last
date for submission of comments. Any rule issued by the department of
health that is also subject to review by the public health and health
planning commission shall not be subject to the provisions of this
subdivision. Any agency that receives a petition after the thirtieth day
before the last date for submission of comments and any agency not
listed in subdivision four of this section may elect to hold a hearing
upon receipt of a petition. Due consideration shall be given to any
request in a petition that a hearing be conducted in a particular
region.

3. An agency shall not be required to hold a public hearing pursuant
to subdivision two of this section (a) on a rule for which a hearing is
required by law and has been scheduled or held; (b) on a consensus rule;
(c) on a rule defined in subparagraph (ii) of paragraph (a) of
subdivision two of section one hundred two of this chapter; or (d) a
rule adopted on an emergency basis until a notice of proposed rulemaking
has been issued. When a public hearing has been requested for any rule
described in a regulatory agenda, the agency shall not be required to
schedule a public hearing until such time as the rule is proposed
pursuant to this chapter.

4. The following agencies shall engage in the reporting provided for
in subdivision one of this section and hold hearings as provided for in
subdivisions two and three of this section: the workers' compensation
board and the departments of education, environmental conservation,
health, financial services, labor and family assistance.

* NB Repealed December 31, 2025