Title SAP, State Administrative Procedure Act

§ 100. Legislative intent. The legislature hereby finds and declares that the administrative rulemaking, adjudicatory and licensing processes among the agencies of state government are inconsistent, lack uniformity and create misunderstanding by the public. In order to provide t…

§ 101. Short title. This chapter shall be known and may be cited as the "State Administrative Procedure Act."

§ 102. Definitions. As used in this chapter, * 1. "Agency" means 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 governo…

§ 102-a. Small business regulation guides. 1. For each rule or group of related rules which significantly impact a substantial number of small businesses, the agency which adopted the rule shall post on its website one or more guides explaining the actions a small business may t…

§ 102-b. Small business liaison. The departments of agriculture and markets, environmental conservation, labor, transportation, and taxation and finance shall designate an existing employee to serve as the liaison to small businesses regulated by such agency. The direct contact …

§ 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 l…

§ 104. Access to studies and data. 1. An agency, upon request, shall, within thirty days, make available for inspection and copying any scientific or statistical study, report or analysis, including any such study, report or analysis prepared by a person or entity pursuant to a …

§ 201. Adoption of procedures; plain language. This article establishes minimum procedures for all agencies, provided, however, an agency may adopt by rule additional procedures not inconsistent with statute. Each agency shall strive to ensure that, to the maximum extent practic…

§ 201-a. Job impact. 1. In developing a rule, an agency shall strive to accomplish the objectives of applicable statutes in a manner which minimizes any unnecessary adverse impacts on existing jobs and promotes the development of new employment opportunities, including opportuni…

§ 202. Rule making procedure. 1. Notice of proposed rule making. (a) Prior to the adoption of a rule, an agency shall submit a notice of proposed rule making to the secretary of state for publication in the state register and shall afford the public an opportunity to submit comm…

§ 202-a. Regulatory impact. 1. In developing a rule, an agency shall, to the extent consistent with the objectives of applicable statutes, consider utilizing approaches which are designed to avoid undue deleterious economic effects or overly burdensome impacts of the rule upon p…

§ 202-b. Regulatory flexibility for small businesses. 1. In developing a rule, the agency shall consider utilizing approaches that will accomplish the objectives of applicable statutes while minimizing any adverse economic impact of the rule on small businesses and local governm…

§ 202-bb. Rural area flexibility analysis. 1. Intent. The legislature hereby finds, determines and declares that: (a) The capacity of public and private sector interests in rural areas to respond to state agency regulations is often constrained by an operating environment distin…

§ 202-d. Regulatory agenda. * 1. (a) The departments of health, education, environmental conservation, financial services, labor, agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, the division …

§ 202-e. Guidance documents; availability to public. 1. Not less than once each year, every agency shall submit to the secretary of state for publication in the state register a list of all guidance documents on which the agency currently relies, and provide information on where…

* § 202-f. Public hearings. 1. Whenever a public hearing is held on a proposed rule pursuant to this chapter, unless otherwise provided in law, an agency is authorized to utilize innovative techniques to enhance public participation in rule making, including but not limited to a…

§ 203. Filing; effective date. 1. Except as provided in subdivision two of this section, no rule shall become effective until it is filed with the secretary of state and the notice of adoption is published in the state register pursuant to subdivision five of section two hundred…

§ 204. Declaratory rulings by agencies. 1. On petition of any person, an agency may issue a declaratory ruling 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 by it should be ta…

§ 204-a. Alternate methods for implementing regulatory mandates. 1. As used in this section: (a) "local government" means any county, city, town, village, school district, fire district or other special district; (b) "regulatory mandate" means any rule which requires one or more…

§ 205. Right to judicial review of rules. Unless an exclusive procedure or remedy is provided by law, judicial review of rules may be had upon petition presented under article seventy-eight of the civil practice law and rules, or in an action for a declaratory judgment where app…

§ 206. Overlapping regulations; compliance determinations. 1. It is the declared policy of this state to protect and encourage jobs, investment and economic activity and to promote the public health, safety and welfare by administering all regulatory requirements imposed by the …

§ 207. Review of existing rules. 1. (a) Unless the contrary is specifically provided by paragraph (b) of this subdivision or by another law, any rule which is adopted on or after the effective date of this section shall be reviewed in the calendar year specified in the notice of…

§ 301. Hearings. 1. In an adjudicatory proceeding, all parties shall be afforded an opportunity for hearing within reasonable time. 2. All parties shall be given reasonable notice of such hearing, which notice shall include (a) a statement of the time, place, and nature of the h…

§ 302. Record. 1. The record in an adjudicatory proceeding shall include: (a) all notices, pleadings, motions, intermediate rulings; (b) evidence presented; (c) a statement of matters officially noticed except matters so obvious that a statement of them would serve no useful pur…

§ 303. Presiding officers. Except as otherwise provided by statute, the agency, one or more members of the agency, or one or more hearing officers designated and empowered by the agency to conduct hearings shall be presiding officers. Hearings shall be conducted in an impartial …

§ 304. Powers of presiding officers. Except as otherwise provided by statute, presiding officers are authorized to: 1. Administer oaths and affirmations. 2. Sign and issue subpoenas in the name of the agency, at the request of any party, requiring attendance and giving of testim…

§ 305. Disclosure. 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.

§ 306. Evidence. 1. Irrelevant or unduly repetitious evidence or cross-examination may be excluded. Except as otherwise provided by statute, the burden of proof shall be on the party who initiated the proceeding. No decision, determination or order shall be made except upon cons…

§ 307. Decisions, determinations and orders. 1. A final decision, determination or order adverse to a party in an adjudicatory proceeding shall be in writing or stated in the record and shall include findings of fact and conclusions of law or reasons for the decision, determinat…

§ 308. Streamlined optional adjudicatory proceedings for small businesses. Unless otherwise prohibited by law, an agency may adopt regulations providing for use at the option of a small business of streamlined adjudicatory proceedings conducted by mail, electronic mail, telephon…

§ 401. Licenses. 1. When licensing is required by law to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning adjudicatory proceedings apply. For purposes of this act, statutes providing an opportunity for hearing shall be deemed to includ…

§ 402. Electronic filing of applications for certain business permits. 1. Notwithstanding any provision of law to the contrary, a state agency may, by promulgation of regulations, permit an application for a business permit or other license subject to the provisions of this sect…

§ 501. Representation. Any person compelled to appear in person or who voluntarily appears before any agency or representative thereof shall be accorded the right to be accompanied, represented and advised by counsel. In a proceeding before an agency, every party or person shall…