Pursuant to section 207 of the State Administrative Procedure Act (SAPA), notice is hereby provided that upon publication of the Five-Year Review of Existing Regulations and the conclusion of the forty five (45) day public comment period, the Department of Motor Vehicles received public comments from one organization regarding the five-year review of amendments to 15 NYCRR 34.1(d)(14). The rules referenced herein have functioned consistent with the purposes underlying their adoption and shall be continued without modification.

Comment: Ellen D. Melchionni, President of New York Insurance Association, wrote in summary:

Having different coterminous dates for some policies, and staggered dates for other polices has created unintended consequences as this regulation has become a burden on insureds, agents, and insurance companies.

Different coterminous dates make it more burdensome because different for-hire vehicles fall into different categories. For example, OMF and OMR (large passenger buses) require a 2/28 expiration date, while SCL (smaller passenger buses and school cars) have a 12/31 expiration date. Most of these types of accounts have both small and large buses, which require different coterminous expiration dates and now require multiple liability policies. Likewise, auto dealers that have rental vehicles for their customers must insure these rental vehicles on a separate policy (expiring 9/30) from the rest of their fleet. This again requires multiple liability policies.

Each change in classification requires new reporting despite the fact that the insurance has not changed. This regulation serves no insurance purpose and is burdensome and confusing for all of the parties involved. It would be less burdensome if policies written to insure for-hire vehicles could be written in the same manner as policies for every other type of vehicle, that is, with effective dates staggered throughout the year as the business is written – rather than according to a DMV schedule. This would align the other for-hire vehicles with taxi and livery coverage, which can be written for any date.

Response: The DMV appreciates the comments submitted by New York Insurance Association. We respond to its concerns as follows:

The Department’s five-year regulator review pertained only to an addition made to this regulation in 2002, specifically the language in 15 NYCRR 34(1)(d)(14), “provided, however, cancellation transactions must always be reported to the commissioner if such transactions involve omnibus taxis (DMV registration code 54) or omnibus liveries (DMV registration code 55).”

As such, DMV’s response to the comment will be limited to the 2002 amendment. The justification for this change in 2002 included:

This regulation was necessary for the efficient and accurate reporting of the cancellation of for-hire insurance. When DMV required that for-hire registrations for omnibus taxis or omnibus liveries expired on February 28, insurance companies were not required to report cancellations of insurance because a registration would not be renewed if proof of insurance could not be produced. In 2002, when the Department staggered for-hire registration periods for these two classes, insurance and registration periods were no longer coterminous. Thus, we promulgated this regulation requiring insurers to report the cancellation of for-hire insurance to DMV, which in turn notifies the insured that his or her registration will be revoked if insurance is not obtained. Since this staggered registration procedure is still in effect, this regulation remains necessary.

Due to the fact that the periods of insurance and registration are no longer coterminous, it remains necessary to require notification of any insurance cancellations with respect to omnibus taxis and omnibus liveries.

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 years 1997, 2002, 2007, 2012 and 2017 which must be reviewed in calendar year 2022. Public comment on the continuation or modification of these rules was invited. No comments were received. Based upon the belief that said rules further the Commission’s mission to provide for a safe, stable and humane correctional system in New York State, and absent public comment to the contrary, the Commission has determined and hereby gives notice pursuant to State Administrative Procedure Act § 207(4) that the rules listed below shall continue without modification.

CMC-20-97-00023 Amendment of subdivision (f) of section 7002.4 of Title 9 NYCRR

Analysis of the need for the rule: The rule is needed to provide that money seized from prisoners upon admission to a local correctional facility be placed in the prisoner’s facility account.

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

CMC-06-97-00098 Amendment of sections 7003.2(a)(2); 7003.2(c)(2); 7003.3(b); 7003.3 (d through l); 7003.3(i); 7003.3(j)(5)(i)(iii).

Analysis of the need for the rule: This rule is needed to eliminate unnecessary record keeping; to provide greater discretion regarding supervision of trustee prisoners; and to facilitate greater interaction between correctional staff and prisoners.

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

CMC-20-97-00024 Amendment of subdivision (a) of section 7005.4, section 7005.5 and subdivision (a) of section 7005.9 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to provide greater flexibility to facility administrators regarding hair styles and to streamline provisions.

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

CMC-10-97-00024 Amendment of subdivision (a) of section 7006.5 and subdivision (b) of section 7006.11 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to modify unnecessary and burdensome procedures.

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

CMC-20-97-00025 Amendment of subdivision (b) of section 7010.2 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to allow local correctional facilities to utilize the results of a physical examination conducted upon a prisoner within six months of his or her admission to the facility.

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

CMC-16-97-00005 Amendment of Part 7010.

Analysis of the need for the rule: This rule is needed to allow local correctional facilities to return unused medications.

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

CMC-53-96-00017 Amendment of subdivisions (b) and (f) and repeal of subdivision (g) of section 7013.8 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to extend the time period in which the classification of a prisoner must be completed and to eliminate unnecessary and burdensome paperwork.

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

CMC-20-97-00022 Repeal of sections 7015.2, 7015.3, 7015.4 and 7015.5; addition of a new 7015.2; renumbering of section 7015.6 as 7015.3; and amendment of the renumbered 7015.3.

Analysis of the need for the rule: This rule is needed to streamline the provisions and eliminate overly detailed requirements.

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

CMC-06-97-00097 Amendment of Part 7028 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to permit the restriction of an inmate’s exercise period when it is determined that it would be a threat to the safety, security, or good order of the facility, or the safety, security or health of the prisoner or other prisoners.

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

CMC-29-97-0003 Amendment of Part 7032 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to curtail the submission of frivolous grievances.

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

CMC-10-97-00024 Amendment of Part 7605 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to simplify the requirements regarding development and review of policies and procedures.

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

CMC-27-97-00017 Amendment of Part 7621 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to authorize establishment of double occupancy housing units in the Department of Correctional Services’ facilities.

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

CMC-39-96-00005 Amendment of sections 7634.5(c) and 7634.6(c) and repeal of section 7634.8 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to eliminate an impractical requirement to review training; to eliminate an overly detailed reporting requirement; and to delete unneeded language regarding variances.

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

CMC-43-96-00005 Amendment of Part 7651 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to eliminate overly detailed and/or obsolete provisions.

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

CMC-05-97-00020 Amendment of subdivision (h) of section 7651.10.

Analysis of the need for the rule: This rule is needed to conform the provisions with Correction Law section 137.

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

CMC-52-96-00003 Amendment of section 7677.5 and repeal of subdivisions (b) and (c) of section 7677.3 and subdivisions (b), (c) and (d) of section 7677.11 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to simplify requirements regarding development of policies and procedures and record keeping.

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

CMC-21-12-00005 Amendment to section 7603.2 and addition of paragraph (5) of section 7603.3(b) of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to allow for a DOCCS variance to facility capacity regulations when necessary for inmate programming or other important needs.

Legal basis for the rule: Correction Law sections 45(6) and 45(15).

CMC-18-12-00016 Amendment to section 7002.2 and addition of Part 7205 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to standardize the Commission’s approval process for agreements of local correctional facilities to detain out of state inmates.

Legal basis for the rule: Correction Law sections 45(6), 45(15) and 500-o

CMC-44-16-00022-A Addition of subdivision(e) to section 7000.1 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to provide local correctional facilities a form and deadline for the annual report to the Commission of the use of restraints on a woman reportable under section 611 of the Correction Law.

Legal basis for the rule: Correction Law sections 45(6) and 45(15).

CMC-22-17-00003-A Renumbering of subdivision (g) of section 7506.1 and addition of subdivision (g) of section 7506.1 of Title 9 NYCRR.

Analysis of the need for the rule: This rule is needed to ensure feminine hygiene products are available and accessible to female prisoners detained in local lockups.

Legal basis for the rule: Correction Law sections 45(6) and 45(15).