§ 203. Filing; effective date. 1. Except as provided in subdivision
two of this section, no rule shall become effective until it is filed
with the secretary of state and the notice of adoption is published in
the state register pursuant to subdivision five of section two hundred
two of this article, unless: (i) a later date is required by statute or
is specified in the rule, (ii) adopted as an emergency rule pursuant to
subdivision six of section two hundred two of this article, or (iii)
defined as a rule in subparagraph (ii) of paragraph (a) of subdivision
two of section one hundred two of this chapter. Each rule submitted for
filing shall have attached thereto the certificate required under
subdivision two of section one hundred two of the executive law.

2. (a) An agency may, after a rule is filed with the secretary of
state pursuant to subdivision one of this section and prior to the
effective date of such rule, amend, suspend or repeal such rule prior to
the effective date without complying with the provisions of subdivision
one of section two hundred two of this article. If an agency amends,
suspends or repeals a rule pursuant to this subdivision, such agency
shall file a notice of adoption pursuant to subdivision five of section
two hundred two of this article, provided, however, that such notice of
adoption shall identify the rule which is being amended, suspended or
repealed pursuant to this subdivision, provided, further, for the
purposes of compliance with subparagraphs (iii), (v) and (vi) of
paragraph (c) of subdivision five of such section two hundred two, the
text of the rule as adopted pursuant to subdivision one of this section
shall be compared with the text of the rule being amended, suspended or
repealed pursuant to this subdivision.

(b) An agency may not amend, suspend or repeal a rule pursuant to this
subdivision if such action would constitute a substantial revision of
the rule as adopted. To determine if such action constitutes a
substantial revision of the adopted rule, such amendment, suspension or
repeal shall be compared with the text of the rule which was filed with
the secretary of state pursuant to subdivision one of this section. The
provisions of this paragraph shall not apply if such amendment,
suspension or repeal only delays the effective date of such rule.

3. The secretary of state shall reject any rule submitted for filing
by an agency where the notice of proposed rule making for such rule has
expired pursuant to the provisions of section two hundred two of this
chapter.

4. If a rule requires a regulated party to develop a written plan or
compliance document which must be submitted to or retained for
inspection by the agency, the agency is required to, upon request of one
or more regulated parties, prepare a model of such a written plan or
compliance document to provide guidance as to the content and form of
such written plan or compliance document and the minimum elements which
such written plan or compliance document should contain. The
availability of any such model plan or document shall be communicated to
regulated parties through publication in the state register and by any
other means which the agency determines to be efficient and effective,
and shall be made available to regulated parties and the public within
the time frame established for submission of the written plan or
compliance documents. Unless otherwise prohibited by law, when an
agency has prepared a model plan or document pursuant to this
subdivision, it may extend the final date for submitting a written plan
or compliance document for an additional period, not to exceed ninety
days, if such an extension is deemed necessary to permit regulated
parties to use the model plan as guidance in developing their written
plans or compliance documents. Whenever a model plan is prepared, the
agency shall cause a notice to be published in the state register
indicating that it has prepared a model plan and identifying the written
plan or compliance document for which the model plan or document has
been prepared. Such notice shall also indicate whether the final date
for submitting a written plan or compliance document has been extended
pursuant to this subdivision, and, if so, shall set forth the new final
date for submission.