Relates to the filing of objections to agency rules by the administrative regulations review commission.
TITLE OF BILL: An act to amend the state administrative procedure act, in relation to the filing of objections to agency rules by the administrative regulations review commission
PURPOSE: To provide ARRC with a proceeding to object to an agency rule-making that may be unreasonable, arbitrary, capricious, or otherwise beyond the authority delegated to the agency.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 10 to section 202 of the State Administrative Procedure Act to allow for ARRC to object to all or a portion of a proposed rule or adopted rule.
Section 2 establishes that the act shall take effect immediately.
EXISTING LAW: SAPA has no provisions to allow for formal objections to agency rule makings.
JUSTIFICATION: Occasionally agencies promulgate rule- makings that may be perceived as unreasonable, arbitrary, capricious or otherwise beyond the authority delegated to the agency. Currently, there is no means for a formal objection by ARRC. This bill allows ARRC to file an objection with the agency. The burden of proof is then placed upon the agency in any proceeding for judicial review or for enforcement of the rule, heard subsequent to the filing, to establish that the rule is not unreasonable, arbitrary, capricious, or otherwise beyond the authority delegated to it. ARRC will also file a certified copy of its objection with the Department of State Division of Administrative Rules, and a notice of such objection shall be published in the next issue of the New York State Register and in the New York State Code of Rules and Regulations (NYCRR) when the rule is adopted and printed in it. This bill will provide a much needed objection process for agency rule making and the State Administrative Procedure Act.
LEGISLATIVE HISTORY: This is a new bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 6500 IN SENATE January 30, 2014 ___________Introduced by Sens. MARCHIONE, VALESKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the state administrative procedure act, in relation to the filing of objections to agency rules by the administrative regu- lations review commission THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 202 of the state administrative procedure act is amended by adding a new subdivision 10 to read as follows: 10. OBJECTION. IF THE ADMINISTRATIVE REGULATIONS REVIEW COMMISSION FINDS OBJECTION TO ALL OR A PORTION OF A PROPOSED OR ADOPTED RULE BECAUSE THAT RULE IS DEEMED TO BE UNREASONABLE, ARBITRARY, CAPRICIOUS, OR OTHERWISE BEYOND THE AUTHORITY DELEGATED TO THE AGENCY, THE COMMIS- SION MAY, IN WRITING, NOTIFY THE AGENCY OF THE OBJECTION. THE COMMISSION SHALL ALSO FILE A CERTIFIED COPY OF SUCH AN OBJECTION WITH THE DEPART- MENT OF STATE, DIVISION OF ADMINISTRATIVE RULES AND A NOTICE TO THE EFFECT THAT AN OBJECTION HAS BEEN FILED SHALL BE PUBLISHED IN THE NEXT ISSUE OF THE NEW YORK STATE REGISTER AND IN THE NEW YORK STATE CODE, RULES AND REGULATIONS WHEN THE RULE IS PRINTED IN IT. THE BURDEN OF PROOF SHALL THEN BE ON THE AGENCY IN ANY PROCEEDING FOR JUDICIAL REVIEW OR FOR ENFORCEMENT OF THE RULE HEARD SUBSEQUENT TO THE FILING TO ESTAB- LISH THAT THE RULE OR PORTION OF THE RULE TIMELY OBJECTED TO ACCORDING TO THE ABOVE PROCEDURE IS NOT UNREASONABLE, ARBITRARY, CAPRICIOUS, OR OTHERWISE BEYOND THE AUTHORITY DELEGATED TO IT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10051-03-4