senate Bill S6500

Relates to the filing of objections to agency rules by the administrative regulations review commission

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Feb / 2014
    • 1ST REPORT CAL.115
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to the filing of objections to agency rules by the administrative regulations review commission.

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Bill Details

See Assembly Version of this Bill:
A8970
Versions:
S6500
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยง202, St Ad Proc Act

Votes

7
2
7
Aye
2
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Commerce, Economic Development and Small Business committee vote details

Sponsor Memo

BILL NUMBER:S6500

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6500

                            I N  S E N A T E

                            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

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