Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 103
Construction; severability
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 1
§ 103. Construction; severability. 1. (a) Except with respect to the
provisions of paragraph (c) of this subdivision, or of paragraph (b) of
subdivision one and subdivision six of section two hundred two of this
chapter, the provisions of this chapter shall not be construed to limit
or repeal additional requirements imposed by statute or otherwise.

(b) The provisions of section two hundred two of this chapter shall
not relieve any agency from compliance with any statute requiring that
its rules be filed with or approved by designated persons or bodies
before such rules become effective.

(c) Notwithstanding the requirements of any statute, when adopting a
consensus rule as defined in this chapter, an agency may in its
discretion dispense with any statutory requirement for public hearing or
publication of a notice in any newspaper or publication other than the
state register, unless such requirement is explicitly directed at the
rule which is being adopted.

2. The provisions of this chapter shall not be deemed to repeal
section six hundred fifty-nine of the labor law.

3. The provisions of this chapter shall apply only to rule making,
adjudicatory and licensing proceedings commencing on or after the
effective date of this chapter.

4. If any provision of this chapter or the application thereof to any
person or circumstances is adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or impair the validity of
the other provisions of the chapter or the application thereof to other
persons and circumstances.