§ 205. Right to judicial review of rules. Unless an exclusive
procedure or remedy is provided by law, judicial review of rules may be
had upon petition presented under article seventy-eight of the civil
practice law and rules, or in an action for a declaratory judgment where
applicable and proper. The agency shall be made a party to the
proceedings. Such a special proceeding or action may not be maintained
unless the petitioner has first requested the agency to pass upon the
validity or applicability of the rule in question and action has been
taken upon such a request or more than thirty days has elapsed since
such request has been filed and no final action has been taken thereon
or the agency has not provided for the issuance of such declaratory
rulings under section two hundred four. Unless the agency acts upon such
request within thirty days of its filing, such request shall be deemed
to have been denied. Nothing in this section shall be construed to grant
or deny to any person standing to petition under article seventy-eight
of the civil practice law and rules or to bring an action for a
declaratory judgment or to prohibit the determination of the validity or
applicability of the rule in any other action or proceeding in which its
invalidity or inapplicability is properly asserted.