Administrative Procedure Act – New York

New York Administrative Procedure Act is enacted to provide the people with simple, uniform administrative procedures.  According to NY CLS St Admin P Act § 201-a, when developing a rule, an agency should minimize any unnecessary adverse impacts on existing jobs.  Agency should also promote the development of new employment opportunities, including opportunities for self-employment.

According to NY CLS St Admin P Act § 202, before adopting a rule, an agency should submit a notice of proposed rule making to the secretary of state for publication in the state register.  Agency should also afford the public an opportunity to submit comments on the proposed rule.  When an agency files a rule with the secretary of state, such agency should also submit a notice of adoption to the secretary of state for publication in the state register.  Further, an agency should submit a copy of any rule making notice to the governor, the temporary president of the senate, the speaker of the assembly, the administrative regulations review commission and the office of regulatory and management assistance when such notice is submitted to the secretary of state for publication in the state register.

As per NY CLS St Admin P Act § 202-a, in developing a rule, an agency should avoid undue deleterious economic effects or overly burdensome impacts of the rule upon persons, including persons residing in New York state’s rural areas, directly or indirectly affected by it or upon the economy or administration of state or local governmental agencies.

NY CLS St Admin P Act § 203 provides that a rule becomes effective only when it is filed with the secretary of state and the notice of adoption is published in the state register.  An agency may, after a rule is filed with the secretary of state amend, suspend or repeal such rule prior to the effective date.  An agency may not amend, suspend or repeal a rule if such action would constitute a substantial revision of the rule as adopted.

NY CLS St Admin P Act § 204 requires an agency to issue a declaratory ruling, on a petition of any person, with respect to: i) the applicability to any person, property, or state of facts of any rule or statute enforceable by it, or (ii) whether any action should be taken pursuant to a rule.

NY CLS St Admin P Act § 205 provides for judicial review of rules.  Judicial review may be made upon petition presented as per the provisions of the civil practice law and rules, or in an action for a declaratory judgment where applicable and proper.  According to NY CLS St Admin P Act § 207, any rule which is adopted on or after the effective date will be reviewed after five years, and, thereafter, at five-year intervals.

As per NY CLS St Admin P Act § 301, in an adjudicatory proceeding, all parties are afforded an opportunity for hearing within reasonable time.  Also, all parties are afforded an opportunity to present written argument on issues of law and an opportunity to present evidence and such argument on issues of fact.  NY CLS St Admin P Act § 303 provides that the agency, one or more members of the agency, or one or more hearing officers designated and empowered by the agency to conduct hearings should be presiding officers.  According to NY CLS St Admin P Act § 305, each agency having power to conduct adjudicatory proceedings may adopt rules providing for discovery and depositions to the extent and in the manner appropriate to its proceedings.  NY CLS St Admin P Act § 501 provides that any person compelled to appear in person or who voluntarily appears before any agency is accorded the right to be accompanied, represented and advised by counsel.  Also, in a proceeding before an agency, every party or person is accorded the right to appear in person or by or with counsel.

According to NY CLS St Admin P Act § 307, a final decision, determination or order adverse to a party in an adjudicatory proceeding should be in writing and should include findings of fact and reasons for the decision.


Inside Administrative Procedure Act – New York