Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act, notice is hereby provided of the following rules which the Department of Agriculture and Markets is considering proposing but for which a rulemaking proceeding has not been commenced. All section and Part references are to Title 1 of the New York Code of Rules and Regulations, except where noted.

DIVISION OF ANIMAL INDUSTRY

Section 45.6: Consider amendments to section 45.6 to require mandatory depopulation, cleaning, and disinfection of the live poultry markets every 3 months and upon detection of avian influenza virus subtypes that have been designated a risk to animal health or public health by epidemiologic evaluation and risk determination.

Part 50: Consider amendments to regulations pertaining to livestock disinfection procedures and removing obsolete provisions.

Part 57: Consider repealing sections 57.7 through 57.23 pertaining to the salmonella enteritis testing program.

Part 60: Consider amending requirements governing the intrastate movement of deer in light of amendments to health requirements for captive cervids (Part 68) and also clarify requirements for tuberculosis testing.

Part 61: Consider adopting recordkeeping requirements for swine, cervid, camelid, goat, and sheep dealers.

Part 64: Consider amending sections 64.4, 64.7 and 64.8 to clarify the requirement that veterinarians must have Class 2 United States Department of Agriculture accredited status in order to submit samples for official equine infectious anemia (Coggins) tests.

Part 67: Consider amending importation restrictions on livestock originating in states with vesicular stomatitis virus to make those restrictions consistent with federal requirements.

Part 351: Consider amending sections 351.6 and 351.10 to require official identification in the form of United States Department of Agriculture approved official RFID ear tags for cattle and swine entering all county fairs and the New York State Fair.

Agency contact: Joy Bennett, DVM MPH, DACVPM, Director, Division of Animal Industry

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone Number: (518) 457-3502

E-Mail Address: [email protected]

DIVISION OF FOOD SAFETY AND INSPECTION

Parts 250, 252, 259: Consider amending to incorporate by reference the most recent Federal regulations.

Sections 261.8, 261.9, 262.1, 265.1, 266.1, 267.1, 271-4.7, 271-5.3(h), 271-5.3(j), 271-5.4(g): Consider amending to incorporate by reference the most recent Federal regulations.

Section 271-2.2(f): Consider repealing the inspection requirement by an approved mushroom identification expert of mushroom species picked in the wild prior to sale.

Section 271-7.30: Consider amendments to the requirement of the posting of a sign near each entrance of a store indicating “No Animals (Other Than Service Animals) Allowed.”

Parts 277, 279, 280 and 281: Consider amending to incorporate by reference the most recent Federal regulations.

Part 283: Consider incorporating by reference 21 CFR Part 507 - Current Good Manufacturing Practices, Hazard Analysis, and Risk Based Controls for Food for Animals.

Agency contact: Dan McCarthy, Acting Director, Division of Food Safety and Inspection

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone Number: (518) 457-4492

E-Mail Address: [email protected]

DIVISION OF MILK CONTROL AND DAIRY SERVICES

Part 2: Consider amendments in order to regulate camel’s milk.

Part 2: Consider the inclusion of section 1R from the Pasteurized Milk Ordinance on Abnormal Milk in the Sanitation Requirements For Dairy Farms (Currently Section 2.9).

Section 2.8: Consider amendments to make changes relative to the somatic cell count for pre-pasteurized milk from sheep and goats.

Section 2.8: Consider amendments to establish quality standards for raw milk cheeses.

Agency contact: Casey McCue, Director, Division of Milk Control and Dairy Services

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone Number: (518) 457-1772

E-Mail Address: [email protected]

DIVISION OF PLANT INDUSTRY

Parts 106 and 107: Consider updating seed potato certification standards for foundation and certified classes to reflect advances in plant disease testing and to set standards and tolerances for a group of bacterial pathogens known by the common name “blackleg.”

Part 127: Consider amendments to release additional areas from the golden nematode quarantine.

Part 140: Consider amendments to release the remaining Plum Pox Virus Regulated Areas in the Hudson Valley Region.

Part 142: Consider amendments to the Spotted Lanternfly exterior quarantine to reflect the most recent survey data and implement an interior quarantine to limit the human assisted spread of spotted lanternfly within the borders of New York State.

Part 150: Consider amendments to the plant certification program implement current scientific methods and nomenclature.

Agency Contact: Christopher Logue, Director, Division of Plant Industry

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone Number: (518) 457-2087

E-Mail Address: [email protected]

BUREAU OF WEIGHTS AND MEASURES

Section 220.1: Consider removing the requirement for commercial devices to have NYS approval and only use approval through the National Conference on Weights and Measures (NCWM). Also consider removing the associated $100 fee paid by private industry in section 220.12(a)(2).

Section 220.2: Consider the adoption of the 2022 NIST Handbook 44.

Section 220.3: Consider clarifying current regulation that municipal W&M offices may charge an additional fee if security seals are removed by the owner or a representative of the owner.

Section 220.5: Consider removing terminal rack meters from the list of devices which municipal weights and measures officials are mandated to test.

Section 220.5: Consider allowing the Federal Milk Market Administrator to perform calibrations of milk holding tanks independently, without the involvement of local W&M offices.

Section 220.5: Consider amendments to remove timing devices from the list of devices which municipal weights and measures officials are mandated to test.

Part 221: Consider creating a method-of-sale regulation for electric vehicle (EV) charging stations.

Part 224: Consider the removal of the requirement for posting the cetane rating, to recognize a legislative amendment to AML 16, section 192-c.

Part 225: Consider adopting regulations to implement Agriculture and Markets Law section 192-h, relating to the installation of generators at service stations in the downstate area.

Agency contact: Michael Sikula, Director, Bureau of Weights and Measures

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone Number: (518) 457-3146

E-Mail Address: [email protected]

DESIGNATED AGENCY REPRESENTATIVE: Nicole Persaud, Senior Attorney

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone number: (518) 457-1059

E-Mail Address: [email protected]

Pursuant to section 202-d of the State Administrative Procedure Act (SAPA,) the Office of Children and Family Services (OCFS) is required to publish a regulatory agenda for those regulations it is considering for publication in the State Register. Set forth below is an agenda for 2022. OCFS reserves the right to add, delete or modify, without further notice, except as required by SAPA, any item or information presented herein as relating to its 2022 Regulatory Agenda. Section 202-d of SAPA does not preclude OCFS from proposing for adoption a regulation that is not described in this agenda, nor does it require OCFS to propose for adoption a regulation that is described in this agenda.

Amendment of Part 489 of Title 18 of the NYCRR for Family Type Homes for Adults.

Amendment of Parts 432 and 423 of Title 18 of the NYCRR regarding Statewide Central Registry reforms.

Full repeal and replace of Part 182 of Title 9 of the NYCRR regarding crisis shelter services, interim family host homes, transitional independent living services programs, runaway and homeless youth coordinators, and non-residential programs.

Amendment of Section 415.9 of Title 18 of the NYCRR related to childcare market rates that will change the maximum reimbursements for expenditures for childcare services funded under the NYS Child Care Block Grant and Social Services Block Grant.

Amendment of Part 168 of Title 9 of the NYCRR to address staff supervision of self-administration of medication by youth in OCFS-operated facilities and programs.

Amendment of Subpart 179-2 of Title 9 of the NYCRR to extend applicability of good behavior allowances to adolescent offenders and to youth with determinate sentences.

Repeal and replace Part 180 of Title 9 of the NYCRR to update juvenile detention regulations.

The new Part 180 will have 4 Subparts. Subpart 180-1 will define the responsibilities and functions of all county detention-administering agencies. Subpart 180-2 will implement uniform standards and procedures for the establishment and operation of non-secure detention facilities. Subpart 180-3 will implement uniform standards and procedures for the establishment and operation of secure and specialized secure detention facilities. Subpart 180-4 will implement the procedures for enforcement revocation and suspension of a detention facility operating certificate issued by OCFS. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Any questions, comments, or requests for information concerning the items listed in this agenda may be referred to Frank Nuara, Associate Attorney, Office of Children and Family Services, 52 Washington Street, Rensselaer, NY 12144, (518) 474 - 9778. Email: [email protected] This regulatory agenda may also be accessed on OCFS’s website at: https://ocfs.ny.gov/main/legal/Regulatory/

Pursuant to State Administrative Procedure Act (“SAPA”) Section 202-d, the following Regulatory Agenda is a list of the regulatory additions and amendments to Titles 3, 11, and 23 of the NYCRR that the New York State Department of Financial Services (“Department”) is presently considering proposing during 2022. Some of these items were previously published in the January 2021 Regulatory Agenda. Items that have already been published in the State Register as “proposed” actions are not included on the list. The Department’s regulatory plans are subject to change, and the Department reserves the right to add to, delete from, or modify items in the Regulatory Agenda without further notice.

This notice also is intended to provide small businesses, local governments, and public and private interests in rural areas with the opportunity to participate in the rule making process, as required by Sections 202-b and 202-bb of SAPA.

I. Insurance Regulations

For inquiries about a specific item, please contact the person identified for that item. For general inquiries about the Insurance Regulations included in this Regulatory Agenda, or to obtain copies of current Insurance Regulations, please contact:

Sally Geisel

Supervising Attorney

New York State Department of Financial Services

One State Street

New York, NY 10004

(212) 480-7608

You may instead obtain the current Insurance Regulations directly from Thomson Reuters Westlaw.

1. Summary description of proposal: Addition of a new subpart 65-6 to 11 NYCRR (Insurance Regulation 65-F), amendment to 11 NYCRR 65 (Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act) (Insurance Regulation 68), and amendment to 11 NYCRR 68 (Charges for Professional Health Services) (Insurance Regulation 83) to implement an alternative dispute resolution process for disputes involving claims of independent livery drivers that are processed pursuant to pre-authorization procedures and medical treatment guidelines set forth in 12 NYCRR 324 and applicable provisions of Article 2 of the Workers’ Compensation Law. Agency contact: Camielle A. Barclay, Associate Attorney, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5299; [email protected]

2. Summary description of proposal: Amendment to 11 NYCRR 68 (Charges to Professional Health Services) (Insurance Regulation 83) to update the fee schedule rules applicable to no-fault in light of amendments to Workers’ Compensation Board’s fee schedules. Agency contact: Camielle Barclay, Associate Attorney, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5299; [email protected]

3. Summary description of proposal: Amendment to 11 NYCRR 65-4 (Arbitration) (Insurance Regulation 68-D) to amend rules related to both the manner in which the first party motor vehicle insurance arbitration programs are administered and the manner in which the costs of these programs are assessed to the insurance industry. Agency contact: Camielle Barclay, Associate Attorney, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5299; [email protected]

4. Summary description of proposal: Amendment to 11 NYCRR 65-2 (Rights and Liabilities of Self-Insurers) (Insurance Regulation 68-B), 11 NYCRR 65-3 (Claims for Personal Injury Protection Benefits) (Insurance Regulation 68-C), 11 NYCRR 65-4 (Arbitration) (Insurance Regulation 68-D), the New York Motor Vehicle No-Fault Insurance Law Assignment of Benefits Form, the NYS Form NF-3, and the NYS Form NF-10 to prescribe that an insurer may void the assignability of all rights, privileges, and remedies to a health care provider (other than a hospital) from an eligible injured person through an executed assignment of benefits form if the insurer denies a claim because the eligible injured person failed to appear for a medical examination or examination under oath at the insurer’s request. Agency contact: Camielle A. Barclay, Associate Attorney, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5299; [email protected]

5. Summary description of proposal: Amendment to 11 NYCRR 67 (Mandatory Underwriting Inspection Requirements for Private Passenger Autos) (Insurance Regulation 79) regarding automobile photo inspections. Agency contact: Camielle Barclay, Associate Attorney, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5299; [email protected]

6. Summary description of proposal: Amendment to 11 NYCRR 60-1 (Minimum Provisions for Automobile Liability Insurance Policies) (Insurance Regulation 35-A) to amend subdivision (c) of 11 NYCRR 60-1.1 to fix an incorrect grammatical construction caused by the formatting of the subdivision. The current format may lead a reader to limit the application of subparagraphs (i) – (iii) to subdivision (c)(3) only, when in fact the subparagraphs apply also to paragraphs (2) and (3) of subdivision (c). Agency contact: Joana Lucashuk, Deputy General Counsel for Insurance, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-2125; [email protected]

7. Summary description of proposal: Amendment to 11 NYCRR 80-1 (Holding Companies) (Insurance Regulation 52), 11 NYCRR 81 (Subsidiaries of Insurance Companies) (Insurance Regulation 53), and 11 NYCRR 82 (Enterprise Risk Management and Own Risk and Solvency Assessment; Group-Wide Supervision (Insurance Regulation 203), regarding implementation of an annual group capital calculation and liquidity stress test and continuity of essential services and functions to an insurer in receivership by affiliated entities. Agency contact: Joana Lucashuk, Deputy General Counsel for Insurance, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-2125; [email protected]

8. Summary description of proposal: Amendment to 11 NYCRR 27 (Excess Line Placements Governing Standards) (Insurance Regulation 41), 11 NYCRR 60-1 (Minimum Provisions for Auto Liability Insurance Policies) (Insurance Regulation 35-A), 11 NYCRR 60-2 (Supplementary Uninsured/Underinsured Motorists Insurance) (Insurance Regulation 35-D), 11 NYCRR 60-3 (Transportation Network Companies; Minimum Provisions for Auto Liability Policies and Other Requirements) (Insurance Regulation 35-E), 11 NYCRR 65-1 (Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act – Prescribed Policy Endorsements) (Insurance Regulation 68-A), 11 NYCRR 65-3 (Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act – Claims for Personal Injury Protection Benefits (Insurance Regulation 68-C), 11 NYCRR 65-4 (Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act – Arbitration) (Insurance Regulation 68-D), 11 NYCRR 169 (Noncommercial Motor Vehicle Insurance Merit Rating Plans) (Insurance Regulation 100), and 11 NYCRR 216 (Unfair Claims Settlement Practices and Claim Cost Control Measures) (Insurance Regulation 64), implementing Chapter 795 of the Laws of 2021, pertaining to peer-to-peer car sharing programs. Agency contact: Joana Lucashuk, Deputy General Counsel for Insurance, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-2125; [email protected]

9. Summary description of proposal: Amendment to 11 NYCRR 216 (Unfair Claims Settlement Practices and Claim Cost Control Measures) (Insurance Regulation 64) to update Section 216.7 to clarify certain provisions in the regulation regarding motor vehicle physical damage claims. Agency contact: Hoda Nairooz, Supervising Insurance Examiner, Property Bureau, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5595; [email protected]

10. Summary description of proposal: Amendment to 11 NYCRR 111 (Statement of Actuarial Opinion and Actuarial Opinion Summary for Property/Casualty Insurers) (Insurance Regulation 207) to update the reference to the annual statement instructions published by the National Association of Insurance Commissioners that is incorporated by reference in the regulation. Agency contact: Sak-Man Luk, Supervising Casualty Actuary, Property Bureau, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5135; [email protected]

11. Summary description of proposal: Amendment to 11 NYCRR 53 (Life and Annuity Cost Disclosure and Sales Illustrations) (Insurance Regulation 74) to revise and clarify the delivery, signature and certification form requirements for life insurance sales illustrations, including electronic delivery, for policies marketed with illustrations; to modify the bases used for illustrations for life insurance policies with non-guaranteed elements, including universal life; to add requirements to the disciplined current scale underlying the illustrations; and to require additional disclosures for such policies. Agency contact: Rebecca Bollam, Associate Insurance Attorney, Life Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 474-4552; [email protected]

12. Summary description of proposal: Amendment of 11 NYCRR 50 (Separate Accounts and Separate Account Annuities) (Insurance Regulation 47) to establish revised standards for the operation of separate accounts, contract provisions, and actuarial requirements to reflect statutory changes, recent innovations in product design, and changes in administration of separate account products. Agency contact: Peter Dumar, Chief Insurance Attorney, Life Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 474-4552; [email protected]

13. Summary description of proposal: Amendment to 11 NYCRR 103 (Principle-Based Reserving) (Insurance Regulation 213) to revise the reserve standards for certain products and update the reference to the Valuation Manual published by the National Association of Insurance Commissioners that is incorporated by reference in the regulation. Agency contact: Amanda Fenwick, Assistant Chief Life Actuary, Life Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 473-6576; [email protected]

14. Summary description of proposal: Addition of a new Part to 11 NYCRR (Issuance of Stop-Loss and Health Insurance Policies to Small Groups) to establish standards relating to the activities of insurers issuing stop-loss and health insurance policies to small groups in order to preserve and maintain the small group health insurance market in New York. Agency contact: Jon Thayer, Associate Attorney, Health Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 486-2970; [email protected]

15. Summary description of proposal: Amendment to 11 NYCRR 52 (Minimum Standards for the Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Insurance Regulation 62) to set forth standards relating to health insurance producer payments. Agency contact: Tobias J. Len, Assistant Chief, Health Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 486-2970; [email protected]

16. Summary of description of proposal: Amendment to 11 NYCRR Part 52 (Minimum Standards for the Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Insurance Regulation 62) and Part 215 (Advertisements of Accident and Health Insurance) (Insurance Regulation 34) to establish minimum standards and consumer protections for accident, travel, and hospital indemnity insurance. Agency contact: Christina Fernet, Associate Attorney, Health Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 486-2970; [email protected]

17. Summary description of proposal: Amendment to 11 NYCRR 52 (Minimum Standards for the Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Insurance Regulation 62) and 23 NYCRR 400 (Independent Dispute Resolution for Emergency Services and Surprise Bills) to incorporate requirements from the federal No Surprises Act. Agency contact: Colleen Rumsey, Supervising Attorney, Health Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 486-2970; [email protected]

18. Summary description of proposal: Amendment to 11 NYCRR 86 (Reports of Suspected Insurance Frauds to Criminal Investigations Unit; Required Warning Statements) (Insurance Regulation 95) to modify certain fraud warning requirements for standard hospital, medical and dental insurance claim forms established under Insurance Law Section 3224 and 11 NYCRR 17 (Insurance Regulation 88) in order to facilitate the usage of standard claim forms developed by the Centers for Medicare and Medicaid Services and the American Dental Association. Agency contact: Kathleen Grogan, Principal Insurance Examiner, Criminal Investigations Unit, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5776; [email protected]

19. Summary description of proposal: Amendment to 11 NYCRR 86 (Reports of Suspected Insurance Frauds to Criminal Investigations Unit; Required Warning Statements) (Insurance Regulation 95) to require licensees to revise fraud prevention plans to reflect any changes to the holding company, the Special Investigations Unit (“SIU”) personnel or provider of SIU services, or the lines of business that affect the SIU; and to amend Section 86.6(d) to correct the date by which an annual report must be filed from January 15 to March 15, in compliance with Insurance Law Section 409(g). Agency contact: Kathleen Grogan, Principal Insurance Examiner, Criminal Investigations Unit, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5776; [email protected]

II. Banking Regulations

For inquiries about the Banking Regulations included in this Regulatory Agenda, or to obtain copies of current Banking Regulations, please contact:

Christine M. Tomczak

Assistant Counsel

Office of General Counsel

New York State Department of Financial Services

One State Street

New York, NY 10004

(212) 709-1642

You may instead obtain current Banking Regulations directly from Thomson Reuters Westlaw.

1. Summary description of proposal: Amendments to Part 38 of the General Regulations of the Superintendent of 3 NYCRR (Definition of Terms; Advertising; Application and Commitment Disclosures and Procedures; Improper Conduct Under Article 12-D) to enhance advertising, disclosure and conduct rules for mortgage bankers and brokers and to incorporate applicable changes under federal laws and regulations.

2. Summary description of proposal: Amendment to Part 41 of the General Regulations of the Superintendent of 3 NYCRR (Restrictions and Limitations on High Cost Home Loans) to address threshold limits, the impact of lender paid fees, and otherwise to conform to the requirements of Section 6-l of the Banking Law.

3. Summary description of proposal: Amendment to Part 79 of the General Regulations of the Superintendent of 3 NYCRR (Reverse Mortgage Loans) to give effect to changes in foreclosure procedures enacted in the Laws of 2020, Chapter 337 and any subsequent corrective amendment to that statute.

4. Summary description of proposal: Amendment to Part 322.7 of the Superintendent’s Regulations of 3 NYCRR (Definition of Well-Rated Foreign Banking Corporations) in connection with the elimination by the Federal Reserve System of the Strength of Support Assessment (SOSA) rating for all foreign banking organizations subject to the interagency program for supervising the U.S. operations of foreign banking organizations.

5. Summary description of proposal: Amendment to Part 400.2 of the Superintendent’s Regulations of 3 NYCRR (Books, Records and Microfilm) to eliminate outdated regulatory requirements (i.e., maintenance of records on microfilm) in connection with check cashers books and records).

6. Summary description of proposal: Amendment to Part 401 (Licensed Lenders), Part 403 (Sales Finance Companies) and Part 405 (Premium Finance Agencies) of the Superintendent’s Regulations of 3 NYCRR to include a reporting requirement for each licensee to submit to the Superintendent an independent audited annual financial statement within 90 days after the licensee’s fiscal year end.

7. Summary description of proposal: Amendment to Part 403 of the Superintendent’s Regulations of 3 NYCRR (Sales Finance Companies) to include a requirement for the submission of annual reports to the Superintendent and to allow the Superintendent to make requests for additional regular or special reports as deemed necessary.

8. Summary description of proposal: Amendment to Parts 410 and 413 of the Superintendent’s Regulations of 3 NYCRR (Mortgage Bankers; Licensing Requirements; Mortgage Brokers: Registration Requirements; Branch Applications: Notifications: Books and Records; Annual Reports; Surety Bonds; and Consultants of Licensed Mortgage Bankers and Registered Mortgage Brokers) and (Procedures and Requirements for Mortgage Brokers to Act as FHA Mortgage Loan Correspondents); Supervisory Procedure of 3 NYCRR MB 101 (Application for a License as a Mortgage Banker), Supervisory Procedure of 3 NYCRR MB 102 (Application for Registration as a Mortgage Broker), Supervisory Procedure of 3 NYCRR MB 103 (Application for a Change in Control of a Mortgage Banker) and Supervisory Procedure of 3 NYCRR MB 104 (Application for a Change in Control of a Mortgage Broker) to eliminate certain outdated regulatory requirements and to clarify language, minimum licensing standards, and other requirements in connection with mortgage banker and mortgage broker applications.

9. Summary description of proposal: Amendment to Part 420 of the Superintendent’s Regulations of 3 NYCRR Part 420 (Mortgage Loan Originators: Education Requirements) to conform to amendments made to the federal SAFE Mortgage Licensing Act, which gives qualifying out-of-state mortgage loan originators the temporary authority to operate as a mortgage loan originator in New York prior to completing all licensing requirements.

III. Financial Services Regulations

For specific inquiries about the Financial Services Regulations included in this section of the Regulatory Agenda, or to obtain copies of the current Financial Services Regulations for which proposals are described below, please contact the person identified for that item. You may instead obtain current Financial Services Regulations directly from Thomson Reuters Westlaw.

1. Summary of description of proposal: Amendment to 23 NYCRR 400 (Independent Dispute Resolution for Emergency Services and Surprise Bills) to establish independent dispute resolution process for emergency services from a non-participating physician or hospital, including a bill for inpatient services that follows an emergency room visit. Agency contact: Emily Donovan, Associate Attorney, Health Bureau, New York State Department of Financial Services, One Commerce Plaza, Albany, NY 12257; (518) 486-2970; [email protected]

2. Summary of description of proposal: Amendment to 23 NYCRR 2 (Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services) to add a new section specifying that the Department of Financial Services (“Department”) may conduct administrative hearings by videoconference at the Department’s discretion so that parties and hearing officers do not have to be physically present at the same location during hearings, subject to a determination by the hearing officer upon a timely objection filed by the respondent or applicant that a hearing held by videoconference would either impinge upon the respondent’s or applicant’s due process rights, or would be fundamentally unfair or impractical, as expressed in the new section. Agency contact: Alan Lebowitz, Deputy General Counsel, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 709-1575; [email protected]

3. Summary description of proposal: Amendment to 23 NYCRR 2 (Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services), to clarify rules governing the procedures for adjudicatory proceedings before the Department of Financial Services. Agency contact: Meredith Weill, Deputy General Counsel for Consumer Protection and Financial Enforcement, Office of General Counsel, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 480-5279; [email protected]

4. Summary of description of proposal: Amendment to 23 NYCRR 500 (Cybersecurity Requirements for Financial Services Companies) to provide updated rules governing cybersecurity, to eliminate certain outdated regulatory requirements, and to clarify language, minimum standards, and other requirements in connection with cybersecurity. Agency contact: Joanne Berman, Counsel, Cybersecurity Division, New York State Department of Financial Services, One State Street, New York, NY 10004; (212) 709-1675; [email protected]

Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act (SAPA), the Gaming Commission presents its regulatory agenda for calendar year 2021. All section and part references are to Title 9 of the New York Code of Rules and Regulations. As indicated in SAPA section 202-d(2), the Gaming Commission is not required to propose or adopt a rule listed on the regulatory agenda and may propose or adopt a rule that is not on the agenda. The Gaming Commission may add, delete or modify without further notice, except as required by the State Administrative Procedure Act, any item or information presented in this 2022 Regulatory Agenda.

Publication of this notice is intended to further assure that small businesses, local governments and public and private interests in rural areas are given opportunity to participate in the rule making process, as provided by sections 202-b and 202-bb of SAPA. Each rule listed below may require a regulatory flexibility analysis or a rural area flexibility analysis, pursuant to SAPA sections 202-b and 202-bb, respectively.

The public may submit written comments in regard to this regulatory agenda to the agency representative indicated at the end of this agenda.

Administration

Considering the adoption of hearing rules and procedures to standardize the governance of all Gaming Commission administrative hearings.

Charitable Gaming

Considering amendments to various charitable gaming regulations to implement aspects of legislation, including regulation of internet raffle sales by authorized organizations.

Commercial Casinos

Considering the addition of a new rule requiring gaming facility licensees to notify the Commission in the event the licensee is penalized for casino-related infractions in another jurisdiction.

Considering amendments to casino licensing rules to reduce regulatory burdens on licensees.

Horse Racing

Considering the amendment of rules concerning show wagering in Thoroughbred racing.

Considering amendments to Thoroughbred jockey suspensions rule to allow for discretion to order all or a portion of the suspension to be served at the same track where the violation occurred.

Considering amendments to the claiming eligibility rules in Thoroughbred racing.

Considering amendments to harness racing rules in regard to time limits for requesting hearings and racing hearing rules to specify procedures for service of agency notices.

Considering amendments to the pick-five wagering in Thoroughbred racing.

Considering amendments to the pick-four wagering in Thoroughbred and harness racing.

Considering amendments to licensing requirements for jockey agents.

Considering amending weigh-out requirements for jockeys.

Interactive Fantasy Sports

Considering the adoption of regulations implementing Article 14 of the Racing, Pari-Mutuel Wagering and Breeding Law.

Lottery

Considering administrative fees for the processing of prize payments.

Considering regulation of advertising of lottery courier services.

Information may be obtained, and written comments may be submitted, regarding any of the above proposed amendments by contacting:

Kristen Buckley

New York State Gaming Commission

One Broadway Plaza

P.O. Box 7500

Schenectady, NY 12301-7500

(518) 388-3407

[email protected]

This agenda is posted on the Commission’s website at https://www.gaming.ny.gov/proposedrules.php