Five Year Review of Rules Adopted by the State Commission of Correction in Calendar Year 2000 Required to be Reviewed in Calendar Year 2010

As required by Chapter 262 of the Laws of 1996, the following is a list of rules which were adopted by the State Commission of Correction in calendar year 2000 which must be reviewed in calendar year 2005. Public comment on the continuation or modification of these rules is invited. Comments should be received by May 1, 2010. Comments may be directed to: Brian Callahan, Office of Counsel, 80 Wolf Road, 4th Floor, Albany, New York 12205-2670.

CMC-37-00-00022 Amendment of sections 7005.2, 7005.3 and 7009.6 of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to provide for better management of inmates in special housing units of local correctional facilities with regard to showers, shaving and food services.

Legal basis for the rule: Correction Law, section 45(6).

CMC-45-99-00009 Consensus rule making to section 7010.6 of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to designate the person to whom reports should be submitted.

Legal basis for the rule: Correction Law section 45(6) and section 500-k.

CMC-29-05-00006 Amendment of sections 7002.9(a), (e), 7013.6(a), (e) and 7041.2(a)(8) of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to change all regulatory reference from inmate “recreation” to “exercise.”

Legal basis for the rule: Correction Law sections 45(6) and 45(16).

CMC-29-05-00008 Amendment of sections 7022.5(c), 7200.2(a), 7200.3, 7200.6(b), 7202.4(a), 7202.6 and 7202.11(a) of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to amend the Commission of Correction's listed address.

Legal basis for the rule: Correction Law sections 45(6) and 45(16).

CMC-29-05-00005 Amendment of section 7039.3, 7602.3, 7602.5, 7602.7 and 7602.8 of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to remove specific references to repealed New York State Fire Prevention and Building Codes.

Legal basis for the rule: Correction Law sections 45(6) and 45(16).

CMC-29-05-00007 Amendment of section 7503.1(b) of Title 9 NYCRR.

Analysis of the need for the rule: The rule is needed to remove a reference to a repealed provision of the New York State Penal Law.

Legal basis for the rule: Correction Law sections 45(6) and 45(16).

Pursuant to Section 207 of the State Administrative Procedure Act (“SAPA”), notice is hereby provided of the following rules which the New York State Higher Education Services Corporation (“HESC”) intends to review in 2010. Public comment on the continuation or modification of these regulations must be received within 45 days of the date of publication of this notice.

The following regulations are subject to review in the 2010 calendar year:

8 NYCRR § 2201.5 – Senator Patricia K. McGee Nursing Faculty Scholarship

Description of Rule: The rule implements a scholarship program for the purpose of increasing the number of educators and adjunct clinical faculty teaching in the field of nursing education in New York State. The rule establishes a competitive basis for the making of such awards for eligible applicants.

Legal Basis for Rule: Education Law §§ 652; 653; 655 and 679-c.

Need for Rule: The regulation is necessary in order for HESC to administer the scholarship in accordance with Education Law § 679-c. In particular, the regulation establishes a default repayment interest rate, eligibility requirements, application requirements, and criteria for the ranking/prioritization of applicants to be used in the event of a funding shortage.

HESC Review: At this time, the statutory authority for this regulation will be repealed on June 30, 2010. However, should the statutory sunset be extended, the regulation should be continued without modification.

8 NYCRR § 2201.6 – New York State Nursing Faculty Loan Forgiveness Incentive Program

Description of Rule: The rule implements a student loan forgiveness program for the purpose of increasing the number of educators and adjunct clinical faculty teaching in the field of nursing education in New York State. The rule establishes a competitive basis for the making of such awards for eligible applicants.

Legal Basis for Rule: Education Law §§ 652; 653; 655 and 679-d.

Need for Rule: The regulation is necessary in order for HESC to administer this student loan forgiveness program in accordance with Education Law § 679-d. In particular, the regulation establishes eligibility requirements, application requirements, and criteria for the ranking/prioritization of applicants to be used in the event of a funding shortage.

HESC Review: At this time, the statutory authority for this regulation will be repealed on June 30, 2010. However, should the statutory sunset be extended, the regulation should be continued without modification.

Agency Contact Information

Public comment on the continuation or modification of the above rules is invited. Comments must be received within 45 days of the date of publication of this notice. Comments or requests for information should be submitted to: George M. Kazanjian, Senior Attorney, Higher Education Services Corporation, Office of Counsel, 99 Washington Ave., Rm. 1350, Albany, NY 12255, (518) 473-1581, e-mail: [email protected]