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This entry was published on 2020-03-20
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Powers and duties
Legislative (LEG) CHAPTER 32, ARTICLE 5-B
§ 87. Powers and duties. 1. The commission shall exercise continuous
oversight of the process of rule making and examine rules, as defined in
subdivision two of section one hundred two of the state administrative
procedure act, adopted or proposed by each agency with respect to (i)
statutory authority, (ii) compliance with legislative intent, (iii)
impact on the economy and on the government operations of the state and
its local governments, and (iv) impact on affected parties; and, in
furtherance of such duties, may examine other issues it deems
appropriate. For purpose of this article, the term agency shall mean 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

2. The commission may employ such staff and retain such consultants
and expert services as may be necessary and fix their compensation and
expenses within the amounts appropriated therefor. Employment by the
commission shall be deemed to be employment by the legislature for all

3. The commission shall have the power, subject to the provisions of
section seventy-three of the civil rights law, to hold hearings,
subpoena witnesses, administer oaths, take testimony and compel the
production of books, papers, documents and other evidence in furtherance
of its duties; provided, however, that no subpoena shall issue except
upon the affirmative vote of a majority of the whole membership of the
commission. The commission may request and shall receive from all
agencies such assistance and data as will enable it properly to
consummate any such examination, and review.

4. The commission shall be authorized to request and receive, from a
state agency, all rulemaking notices, statements and analyses as
provided for pursuant to the state administrative procedure act, data,
rules, regulations and other information by electronic means as provided
for by article three of the state technology law.