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Enforcement of Rules

Administrative agencies are granted authority to create regulations and enforce them.  The legislature provides this authority to administrative agencies through the delegation of its rule making powers.[i]  Some administrative agencies are only granted authority to enforce certain regulations and not to create regulations.

Administrative agencies are bound to enforce regulations as provided in the statute.  Agencies cannot impose new procedures that are not provided in the statutes for enforcing rules.[ii]  Agencies also cannot impose penalties that are not prescribed in the parent statutes.[iii]

Pursuant to the Model State Administrative Procedure Act of 1981, an agency can add other remedies while enforcing a rule merely by filing a petition for civil enforcement in the trial court of general jurisdiction.  When agencies file a petition for civil enforcement, courts can grant declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law.

[i] Held v. State Univ.of N.Y., College at Fredonia, 165 Misc. 2d 577 (N.Y. Sup. Ct. 1995)

[ii] Brown v. Univ. of State, 242 A.D. 85 (N.Y. App. Div. 1934)

[iii] Copper Plumbing & Heating Co. v. Campbell, 290 F.2d 368 (D.C. Cir. 1961)

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