Senate Bill S4034

2015-2016 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 Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S4034 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act
Versions Introduced in 2013-2014 Legislative Session:
S6500

2015-S4034 (ACTIVE) - Summary

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

2015-S4034 (ACTIVE) - Sponsor Memo

2015-S4034 (ACTIVE) - Bill Text download pdf

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

                                  4034

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment 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 COMMISSION
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  CODES,
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.
                                                           LBD08983-01-5


              

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