New York · statute · N.Y. State Administrative Procedure Act Law · 39 active provisions
CHAPTER 167 AN ACT in relation to rule making and adjudication by state administrative agencies, constituting chapter eighty-two of the consolidated laws and amending the executive law, in relation to the state bulletin Became a law June 3, 1975, with the approval of the Governor. Passed by a majority vote, three-fifth…
ARTICLE I GENERAL PROVISIONS Section 100. Legislative intent. 101. Short title. 102. Definitions. 102-a. Small business regulation guides. 102-b. Small business liaison. 103. Construction; severability. 104. Access to studies and data.
§ 100. Legislative intent. The legislature hereby finds and declares that the administrative rulemaking, adjudicatory and licensing processes among the agencies of state government are inconsistent, lack uniformity and create misunderstanding by the public. In order to provide the people with simple, uniform administra…
§ 101. Short title. This chapter shall be known and may be cited as the "State Administrative Procedure Act."
§ 102. Definitions. As used in this chapter, * 1. "Agency" means any department, board, bureau, commission, division, office, council, committee or officer of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor, authorized by law to make rules or to…
§ 102-a. Small business regulation guides. 1. For each rule or group of related rules which significantly impact a substantial number of small businesses, the agency which adopted the rule shall post on its website one or more guides explaining the actions a small business may take to comply with such rule or group of…
§ 102-b. Small business liaison. The departments of agriculture and markets, environmental conservation, labor, transportation, and taxation and finance shall designate an existing employee to serve as the liaison to small businesses regulated by such agency. The direct contact information of the small business liaison…
§ 103. Construction; severability. 1. (a) Except with respect to the provisions of paragraph (c) of this subdivision, or of paragraph (b) of subdivision one and subdivision six of section two hundred two of this chapter, the provisions of this chapter shall not be construed to limit or repeal additional requirements im…
§ 104. Access to studies and data. 1. An agency, upon request, shall, within thirty days, make available for inspection and copying any scientific or statistical study, report or analysis, including any such study, report or analysis prepared by a person or entity pursuant to a contract with the agency or funded in who…
ARTICLE 2 RULE MAKING Section 201. Adoption of procedures; plain language. 201-a. Job impact. 202. Rule making procedure. 202-a. Regulatory impact. 202-b. Regulatory flexibility for small businesses. 202-bb. Rural area flexibility analysis. 202-d. Regulatory agenda 202-e. Guidance documents; availability to public. 202…
§ 201. Adoption of procedures; plain language. This article establishes minimum procedures for all agencies, provided, however, an agency may adopt by rule additional procedures not inconsistent with statute. Each agency shall strive to ensure that, to the maximum extent practical, its rules, regulations and related do…
§ 201-a. Job impact. 1. In developing a rule, an agency shall strive to accomplish the objectives of applicable statutes in a manner which minimizes any unnecessary adverse impacts on existing jobs and promotes the development of new employment opportunities, including opportunities for self-employment, for the residen…
§ 202. Rule making procedure. 1. Notice of proposed rule making. (a) Prior to the adoption of a rule, an agency shall submit a notice of proposed rule making to the secretary of state for publication in the state register and shall afford the public an opportunity to submit comments on the proposed rule. Unless a diffe…
§ 202-a. Regulatory impact. 1. In developing a rule, an agency shall, to the extent consistent with the objectives of applicable statutes, consider utilizing approaches which are designed to avoid undue deleterious economic effects or overly burdensome impacts of the rule upon persons, including persons residing in New…
§ 202-b. Regulatory flexibility for small businesses. 1. In developing a rule, the agency shall consider utilizing approaches that will accomplish the objectives of applicable statutes while minimizing any adverse economic impact of the rule on small businesses and local governments. Consistent with the objectives of a…
§ 202-bb. Rural area flexibility analysis. 1. Intent. The legislature hereby finds, determines and declares that: (a) The capacity of public and private sector interests in rural areas to respond to state agency regulations is often constrained by an operating environment distinctly different from that found in suburba…
§ 202-d. Regulatory agenda. * 1. (a) The departments of health, education, environmental conservation, financial services, labor, agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, the division of housing and community renewal, the sta…
§ 202-e. Guidance documents; availability to public. 1. Not less than once each year, every agency shall submit to the secretary of state for publication in the state register a list of all guidance documents on which the agency currently relies, and provide information on where and how regulated parties and members of…
* § 202-f. Public hearings. 1. Whenever a public hearing is held on a proposed rule pursuant to this chapter, unless otherwise provided in law, an agency is authorized to utilize innovative techniques to enhance public participation in rule making, including but not limited to allowing the public to ask questions of ag…
§ 203. Filing; effective date. 1. Except as provided in subdivision two of this section, no rule shall become effective until it is filed with the secretary of state and the notice of adoption is published in the state register pursuant to subdivision five of section two hundred two of this article, unless: (i) a later…
§ 204. Declaratory rulings by agencies. 1. On petition of any person, an agency may issue a declaratory ruling with respect to (i) the applicability to any person, property, or state of facts of any rule or statute enforceable by it, or (ii) whether any action by it should be taken pursuant to a rule. Each agency shall…
§ 204-a. Alternate methods for implementing regulatory mandates. 1. As used in this section: (a) "local government" means any county, city, town, village, school district, fire district or other special district; (b) "regulatory mandate" means any rule which requires one or more local governments to create a new progra…
§ 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 m…
§ 206. Overlapping regulations; compliance determinations. 1. It is the declared policy of this state to protect and encourage jobs, investment and economic activity and to promote the public health, safety and welfare by administering all regulatory requirements imposed by the state in a fair and reasonable manner. 2.…
§ 207. Review of existing rules. 1. (a) Unless the contrary is specifically provided by paragraph (b) of this subdivision or by another law, any rule which is adopted on or after the effective date of this section shall be reviewed in the calendar year specified in the notice of adoption for the rule, provided that at…