§ 204. Declaratory rulings by agencies. 1. On petition of any person,
an agency may issue a declaratory ruling with respect to (i) the
applicability to any person, property, or state of facts of any rule or
statute enforceable by it, or (ii) whether any action by it should be
taken pursuant to a rule. Each agency shall prescribe by rule the form
for such petitions and the procedure for their submission, consideration
and disposition. A declaratory ruling shall be binding upon the agency
unless it is altered or set aside by a court. The agency may not
retroactively change a valid declaratory ruling, but nothing in this
section shall prevent an agency from prospectively changing any
declaratory ruling. A declaratory ruling shall be made available to the
public. A declaratory ruling shall be subject to review in the manner
provided for in article seventy-eight of the civil practice law and
rules.

2. (a) Within thirty days of receipt of a petition with respect to
paragraph (ii) of subdivision one of this section, an agency shall issue
either a declaratory ruling or a statement declining to issue a
declaratory ruling, unless the agency's rules provide for a different
time period not to exceed sixty days from receipt of such petition.

(c) Notwithstanding any inconsistent provision of law, a person may
submit a petition in the manner provided for in article seventy-eight of
the civil practice law and rules without first applying for a
declaratory ruling pursuant to paragraph (ii) of subdivision one of this
section, or to the office for an advisory opinion pursuant to this
subdivision. A person may concurrently petition the court pursuant to
article seventy-eight of the civil practice law and rules and petition
the agency and the office pursuant to this subdivision.