(a) When a notice submitted for publication in the State Register or a rule submitted for filing is rejected for failure to comply with the applicable provisions of the State Administrative Procedure Act, the Executive Law and this Chapter, prompt notice of the defect in the submission shall be given to the agency which submitted the notice or rule. In its discretion, the department may give such notice telephonically when the defect in the submission in filing is susceptible to minor corrections. Otherwise, the department shall issue a letter setting forth the specific grounds for the rejection. In all cases, however, where an emergency rule is rejected for filing, immediate notice shall be given telephonically to the agency of such rejection.

(b) Request for review of any rejection may be made to the Director, Division of Administrative Rules, New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.