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Assembly Bill A8970

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2013-A8970 (ACTIVE) - Details

See Senate Version of this Bill:
S6500
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยง202, St Ad Proc Act
Versions Introduced in 2015-2016 Legislative Session:
S4034

2013-A8970 (ACTIVE) - Summary

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

2013-A8970 (ACTIVE) - Bill Text download pdf 

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

                                  8970

                          I N  A S S E M B L Y

                              March 4, 2014
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Governmental Operations

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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