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NEW YORK STATE
STATE ADMINISTRATIVE PROCEDURE ACT
(SAPA)


ARTICLE 1

GENERAL PROVISIONS

Sec.   100.    Legislative intent.
Sec.   101.    Short title.
Sec.   102.    Definitions.
Sec.   103.    Construction; severability.

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Sec. 100. LEGISLATIVE INTENT.

The legislature hereby finds and declares that the administrative
rule making, adjudicatory and licensing processes among the
agencies of state government are inconsistent, lack uniformity
and create misunderstanding by the public. In order to provide
the people with simple, uniform administrative procedures, an
administrative procedure act is hereby enacted. This act
guarantees that the actions of administrative agencies conform
with sound standards developed in this state and nation since
their founding through constitutional, statutory and case law. It
insures that equitable practices will be provided to meet the
public interest.

It is further found that in the public interest it is desirable
for state agencies to meet the requirements imposed by the
administrative procedure act. Those agencies which will not have
to conform to this act have been exempted from the act, either
specifically by name or impliedly by definition.

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Sec. 101. SHORT TITLE.

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

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Sec. 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 governor,
     authorized by law to make rules or to make final decisions
     in adjudicatory proceedings but shall not include the
     governor, agencies in the legislative and judicial branches,
     agencies created by interstate compact or international
     agreement, the division of military and naval affairs to the
     extent it exercises its responsibility for military and
     naval affairs, the division of state police, the
     identification and intelligence unit of the division of
     criminal justice services, the state insurance fund, the
     unemployment insurance appeal board, the worker's
     compensation board and except for purposes of article two of
     this chapter, the state division of parole and the
     department of correctional services.

2.   (a)  "Rule" means (i) the whole or part of each agency
          statement, regulation or code of general applicability
          that implements or applies law, or prescribes a fee
          charged by or paid to any agency or the procedure or
          practice requirements of any agency, including the
          amendment, suspension or repeal thereof and (ii) the
          amendment, suspension, repeal, approval or prescription
          for the future of rates, wages, security
          authorizations, corporate or financial structures or
          reorganization thereof, prices, facilities, appliances,
          services or allowances therefor or of valuations, costs
          or accounting, or practices bearing on any of the
          foregoing whether of general or particular
          applicability.

     (b)  Not included within paragraph (a) of this subdivision
          are:

          (i)    rules concerning the internal management of the
                 agency which do not directly and significantly
                 affect the rights of or procedures or practices
                 available to the public;

          (ii)   rules relating to the use of public works,
                 including streets and highways, when the
                 substance of such rules is indicated to the
                 public by means of signs or signals;

          (iii)  rulings issued under section two hundred four
                 or two hundred five of this chapter;

          (iv)   forms and instructions, interpretive statements
                 and statements of general policy which in
                 themselves have no legal effect but are merely
                 explanatory;

          (v)    rules promulgated to implement agreements
                 pursuant to article fourteen of the civil
                 service law;

          (vi)   rates of interest prescribed by the
                 superintendent of banks pursuant to section
                 fourteen-a of the banking law;

          (vii)  rules relating to the approval or disapproval
                 of subscriber rates contained in an application
                 to the commission on cable television, after
                 public hearing and approval by the applicable
                 municipality for a certificate of confirmation
                 or an amendment to a franchise agreement;

          (viii) state equalization rates, class ratios, special
                 equalization rates and special equalization
                 ratios established pursuant to the real
                 property tax law;

          (ix)   rates subject to prior approval by the
                 superintendent of insurance or to section two
                 thousand three hundred forty-four of the
                 insurance law;

          (x)    any fee which is:

                 (1)  set by statute;

                 (2)  less than one hundred dollars;

                 (3)  one hundred dollars or more and can
                      reasonably be expected to result in an
                      annual aggregate collection of not more
                      than one thousand dollars;

                 (4)  established through negotiation, written
                      agreement or competitive bidding,
                      including, but not limited to, contracts,
                      leases, charges, permits for space use,
                      prices, royalties or commissions; or

                 (5)  a charge or assessment levied by an agency
                      upon another agency or by an agency upon
                      another unit of state government.

3.   "Adjudicatory proceeding" means any activity which is not a
     rule making proceeding or an employee disciplinary action
     before an agency, except an administrative tribunal created
     by statute to hear or determine allegations of traffic
     infractions which may also be heard in a court of
     appropriate jurisdiction, in which a determination of the
     legal rights, duties or privileges of named parties thereto
     is required by law to be made only on a record and after an
     opportunity for a hearing.

4.   "License" includes the whole or part of any agency permit,
     certificate, approval, registration charter, or similar form
     of permission required by law.

5.   "Licensing" includes any agency activity respecting the
     grant, denial, renewal, revocation, suspension, annulment,
     withdrawal, recall, cancellation or amendment of a license.

6.   "Person" means any individual, partnership, corporation,
     association, or public or private organization of any
     character other than an agency engaged in the particular
     rule making, declaratory ruling, or adjudication.

7.   "Party" means any person or agency named or admitted as a
     party or properly seeking and entitled as of right to be
     admitted as a party, but nothing herein shall be construed
     to prevent an agency from admitting any person or agency as
     a party for limited purposes.

8.   "Small business" means any business which is resident in
     this state, independently owned and operated, and employs
     one hundred or less individuals.

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Sec. 103. CONSTRUCTION; SEVERABILITY.

1.   Except with respect to the provisions of subdivision six of
     section two hundred two of this chapter, the provisions of
     this chapter shall not be construed to limit or repeal
     additional requirements imposed by statute or otherwise. The
     provisions of section two hundred two of this chapter shall
     not relieve any agency from compliance with any statute
     requiring that its rules be filed with or approved by
     designated persons or bodies before such rules become
     effective.

2.   The provisions of this chapter shall not be deemed to repeal
     section six hundred fifty-nine of the labor law.

3.   The provisions of this chapter shall apply only to rule
     making, adjudicatory and licensing proceedings commencing on
     or after the effective date of this chapter.

4.   If any provision of this chapter or the application thereof
     to any person or circumstances is adjudged invalid by a
     court of competent jurisdiction, such judgment shall not
     affect or impair the validity of the other provisions of the
     chapter or the application thereof to other persons and
     circumstances.

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