NYS+Administrative+Materials

=New York State Administrative Materials=


 * __A Brief History__**
 * Pre Benjamin Report publications for regulations: //State Advertising Bulletin// and //State Bulletin//.
 * 1939-1942: Benjamin Report studied the exercise of quasi-judicial powers by state administrative agencies. Recommended creation of Division of Administrative Procedure and formality to published regulations. No recommendation for an administrative procedure act.
 * 1944: creation of the //New York Codes Rules and Regulations// (NYCRR) pursuant to Executive Law § 102.
 * 1975: State Administrative Procedure Act (SAPA) enacted (ch.167 L.1975).
 * 1979: //State Register// replaces the //State Bulletin//.


 * __Regulation Procedures__**
 * Agency should submit a __Regulatory Impact Statement__ pursuant to SAPA §202-a.


 * __Notice of Proposed Rulemaking__ (see SAPA §202[1]) and __Notice of Adoption__ (see SAPA § 202 [5]) need to be filed with the Department of State prior to inclusion in the NYS Register.


 * No rule is effective until it is filed with the Secretary of State and the Notice of Adoption is published in the NYS Register (see SAPA §203[1] and N.Y. Const. art IV, §8).


 * **REMEMBER**: if you can’t find a “rule” in the NYS Register or NYCRR, it might be because it’s not considered a rule pursuant to SAPA §102 (2) (b).




 * __NEW YORK STATE REGISTER__**


 * __Overview__**


 * Loosely resembles the Federal Register.
 * Publication, contents and indexing governed by Executive Law §§145-149
 * Publishes notices of rulemaking activities. Can also publish text of new court rules, executive orders of the Governor, among other things.
 * Published weekly.
 * If regulation is more than 2,000 words, Notice only needs to be a description of the subject, purpose, and substance of the rules (see SAPA §202 [1] [f] [v]).

> o **INS**=Insurance Department > o **30**=issue number of the State Register where the text or summary of proposed regulation printed. > o **97**=year in which Notice of Proposed Rule Making was filed. > o **00058**=Department of State Code > o **P**=proposed (will be changed to A if adopted).
 * __Navigating the NYS Register__**
 * All proposed rules are included in the Rule Making Activities section and receive a unique ID number. Also includes a section where the regulation affects the NYCRR.
 * Example: INS-30-97-00058-P
 * Once a regulation is adopted, a Notice of Adoption is published in the Rule Making Activities section of the Register.

__**Where to Find Proposed Regulations**

In Print__
 * NYS Register contains an Actions Pending Index (rules being considered for adoption)
 * Arranged alphabetically by agency name, then ID number
 * Contains a quarterly index arranged alphabetically by agency name.

__Online__
 * __Westlaw__: can search the NYS Register from 2007-present. Can also use NY Regulation Tracking library for regulations proposed or adopted, 2006-present
 * __Lexis__: includes libraries for tracking proposed regulations. Only includes the last 2 years.
 * __NYS Library__: full text, PDF from 1979-present. No search function.


 * __NEW YORK CODES, RULES AND REGULATIONS (NYCRR)__**


 * __Overview__**
 * Loosely resembles the CFR.
 * Publishes new regulations but publication in NYCRR does not mean regulation legally effective. **ONLY** effective when certified copy of adopted rule filed with Secretary of State AND Notice of Adoption published in State Register.
 * Consists of numerous looseleaf volumes, broken down into approximately 20 titles.
 * Titles 1-20 are regulations from departments created pursuant to §2 of Article V of the NY Constitution.
 * Reading a regulation: Title, Subtitle, Chapter, Subchapters, Parts, Sections.


 * __Navigating the NYCRR__**
 * Includes a looseleaf index.
 * Orange tab that appears at the end of NYCRR binders includes Annotations.


 * __Where to Find the NYCRR__**

__In print__
 * At the lawschool library or NYS Library

__Online__
 * __NY Department o f State, Division of Administrative Rules__: West maintains this site. Includes the most recent version of the NYCRR. Has a search function.
 * __Westlaw__: has current and older administrative codes. Also includes a searchable index.
 * __Lexis__: same indexes that apply to State Register.


 * __Obtaining a Regulation’s History__** (regulatory intent)


 * 13 NYCRR 300.4

13**=Title 13, Department of Law
 * Chapter VIII**= New York Lemon Law Arbitration Program
 * Part 300**: New York New and Used Car Lemon Law Arbitration Program
 * Section 300.4**: Consumer's request for arbitration

A historical note follows every section in the NYCRR: Section filed Jan. 26, 1987; repealed, new added by renum. and amd. 300.5, filed Dec. 8, 1989 eff. Dec. 27, 1989
 * Section was filed on Jan 26, 1987: date it was filed with the Secretary of State and adopted.
 * Renumbering and Amendment filed on Dec. 8, 1989: date filed with Secretary of State
 * Effective Date of Dec 27, 1989: date that the Notice of Adoption appears in the State Register.


 * __Issues__**
 * Based on the historical note above, you should start your research with the Dec 27, 1989 State Register to find the Notice of Adoption.
 * However, the State Register doesn’t always make things that simple. Sometimes you will need to look in State Registers after the effective date. Also, the regulation descriptions included in the Register do not always make sense compared to what you are looking for.


 * __Superceded sections of the NYCRR__**
 * Once a section of the NYCRR is amended, the “old” section is considered superceded by the new. There are times when you will need to compare the old and the new. The library keeps superceded sections of the NYCRR.
 * __Westlaw__ has old administrative codes from 2002-2008.


 * __Review of Administrative Rules__**
 * Pursuant to SAPA §205, rules adopted by an administrative agency can be reviewed vis-à-vis a CPLR Article 78 proceeding.


 * __ADMINISTRATIVE AGENCY DECISIONS__**
 * In comparison to the Federal agencies, State agencies also administer decisions.


 * SAPA §§301 et. seq. governs procedures for administrative agency adjudicatory hearings.


 * Some agency decisions can be found on Westlaw and Lexis. However, many decisions are not attainable or only issued on the agency’s website.


 * The NYS Library website has an __agency website and publication listing__.


 * You can also check the __Checklist of Official Publications of the State of New York__for information on an administrative agency decision.


 * **DO NOT FORGET**: Administrative agency decisions can be appealed in most cases through a CPLR Article 78 proceeding. If this has happened, the administrative agency decision will be with the appellate brief and record.