Title SAP, State Administrative Procedure Act

§ 100. Legislative intent. The legislature hereby finds and declares\nthat the administrative rulemaking, adjudicatory and licensing processes\namong the agencies of state government are inconsistent, lack uniformity\nand create misunderstanding by the public. In order to provid…

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

§ 102. Definitions. As used in this chapter,\n * 1. "Agency" means any department, board, bureau, commission,\ndivision, office, council, committee or officer of the state, or a\npublic benefit corporation or public authority at least one of whose\nmembers is appointed by the go…

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

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

§ 103. Construction; severability. 1. (a) Except with respect to the\nprovisions of paragraph (c) of this subdivision, or of paragraph (b) of\nsubdivision one and subdivision six of section two hundred two of this\nchapter, the provisions of this chapter shall not be construed t…

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

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

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

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

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

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

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

§ 202-d. Regulatory agenda. * 1. (a) The departments of health,\neducation, environmental conservation, financial services, labor,\nagriculture and markets, motor vehicles and state, the offices of\nchildren and family services and temporary and disability assistance,\nthe divis…

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

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

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

§ 204. Declaratory rulings by agencies. 1. On petition of any person,\nan agency may issue a declaratory ruling with respect to (i) the\napplicability to any person, property, or state of facts of any rule or\nstatute enforceable by it, or (ii) whether any action by it should be…

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

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

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

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

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

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

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

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

§ 305. Disclosure. Each agency having power to conduct adjudicatory\nproceedings may adopt rules providing for discovery and depositions to\nthe extent and in the manner appropriate to its proceedings.\n

§ 306. Evidence. 1. Irrelevant or unduly repetitious evidence or\ncross-examination may be excluded. Except as otherwise provided by\nstatute, the burden of proof shall be on the party who initiated the\nproceeding. No decision, determination or order shall be made except\nupon …

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

§ 308. Streamlined optional adjudicatory proceedings for small\nbusinesses. Unless otherwise prohibited by law, an agency may adopt\nregulations providing for use at the option of a small business of\nstreamlined adjudicatory proceedings conducted by mail, electronic mail,\ntele…

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

§ 402. Electronic filing of applications for certain business permits.\n1. Notwithstanding any provision of law to the contrary, a state agency\nmay, by promulgation of regulations, permit an application for a\nbusiness permit or other license subject to the provisions of this\n…

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