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New York Administrative Law   Tags: administrative agencies, administrative law, new york, rule making  

Last Updated: Mar 7, 2016 URL: http://lawlib.buffalo.libguides.com/nyadminlaw Print Guide RSS Updates

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Research Guides - NY Administrative Law

Adelman et. al., New York Legal Research, 3rd ed. KFN 5074 A34 2015 (Ref Desk, Ref, NY Alcove, 3rd Floor)
See Chapter 7, "Administrative Law"

Borchers & Markell, New York State Administrative Procedure and Practice, 2nd ed. KFN 5780 B67 1998 (NY Alcove)

Ostertag, General Practice in New York KFN 5080 O88 1998 (3rd Floor)
See specifically Chapter 4, "Administrative Law"

Manz, Gibson's New York Legal Research Guide, 4th ed. KFN 5074 G53 2014 (Ref Desk, Ref)
See specifically Chapters 13 & 14

Carter, Sources of Published and Unpublished Administrative Opinions in New York State JK 3441 C37 1994 (6th Floor)

Rule Making in New York Manual http://www.dos.ny.gov/info/rulemakingmanual.html

 

 

NY Rules and Regulations - Primary Sources

Rules & Regulations

New York State Bulletin, 1963 - 1979 KFN 5036 N479 (Oversize)

New York State Register, 1979+ KFN 5036 N48 April 15, 2015 - current (N.Y. Core)
--2007 - current (online, free,  maintained by West) http://government.westlaw.com/linkedslice/default.asp?SP=nyreg-1000
--2003 - current (online at http://www.dos.state.ny.us/info/register.htm)
--v.1 - current (in HeinOnline http://heinonline.org/HOL/Index?index=nyregister&collection=newyork) UB Only (subscription database)
Weekly publication containing official notices and new rules and regulations. Rules are codified in the Official Compilation of Codes Rules and Regulations, State of New York (NYCRR)

Official Compilation of Codes, Rules & Regulations (NYCRR) KFN 5035 1960 A22 (N.Y. Core)
--NYCRR official website http://www.dos.state.ny.us/info/nycrr.html (with link to free online version)
--Online  (unofficial, free, powered by West)  http://www.dos.state.ny.us/info/nycrr.html
--NYCRR on WestlawNext: https://a.next.westlaw.com/Browse/Home/Regulations/NewYorkRegulations (law students only)
--Lexis: NYADMIN available here (law students only)

Looseleaf codification of rules and regulations published in the New York State Register. Cited NYCRR Superseded pages kept on Reserve back to 1975.
--Superseded pages from 1945-2001 available online: http://law.lib.buffalo.edu/nycrr/index.asp


Legislative Retrieval Service (database - ask at Ref Desk)
includes legislative session information (1995 to current): bill searching, Committee Agendas-Senate/Assembly, Calendars-Senate/Assembly, 
Chapters/Vetoes/Approval Messages, Legislative Digest Daily Sheets, Member Directory, Committee Directory, Public Hearings. Also includes  Laws of New York,
Local Laws - City of New York (1996 TO PRESENT),Budget Bills, Appropriation Bills, Article VII Language Bills, and New York State Codes, Rules and Regulations (NYCRR)

 

Steps for Determining Regulatory Intent

Steps for determining regulatory intent

SOURCES to Consult

  1. "Historical Note" in current NYCRR
  2. "Takeout" pages from NYCRR - online or paper pages
  3. New York State Register

STEPS

  1. To obtain the regulatory intent of the 1996 amendment:
    --> Read the regulation as it was before it was amended to compare the current and prior text AND
    --> Review the rule making activity as reported in the 1996 N.Y. State Register.
  2. Consult the Historical Note that is printed at the end of the NYCRR section.
    Example: 6 NYCRR sec. 360-1.14 deals with enforcement of rules affecting solid waste management facilities and their inspection and reporting responsibilities of those facilities. This historical note follows the text: Historical Note Sec. filed Oct. 28, 1988; ams. filed Aug. 5, 1993; Sept. 27, 1996 eff. 60 days after filing. Amended (c)
  3. Paper: The NYCRR is published in loose-leaf format. When amendments occur, the pages that contain the old text are taken out and replaced with pages containing the new text. To see the previous version of the regulation, you need to locate the NYCRR "takeouts" dated September, 1996. In this library, see a Reference Librarian for assistance. The NYCRR "takeouts" are shelved on Reserve.
  4. Consult the 1996 N.Y. State Register quarterly cumulative index (Jan.- Dec.). Scan the entries under Environmental Conservation looking for rule making activity on the topic of solid waste management facilities, e.g.: ENV-08-96-00005
    Solid Waste management facilities
    To clarify the wording and intent of the regulations
    02-21-96* Proposed
    07-03-96* Revised/Continued
    10-16-96* Finalized
  5. Locate the Feb. 21st*, July 3rd*, and Oct. 16th* issues of the 1996 N.Y. State Register. Background information on the rule making activity affecting 6 NYCRR sec. 360-1.4 will be found under the index number ENV-08-96-0005. The full text of the proposed rule is not usually printed; excerpts sometimes are printed. By statute, the rule making notices must include:
    a) statutory authority for the rule making
    b) brief statement of the subject
    c) brief statement of the purpose
    d) lengthier statement of the substance of the proposed rule
    e) text of the rule OR the name, address, and telephone number for a person at the agency (the D.E.C. in this example) who can providemore information (this is also the person to whom comment is sent during the comment period)
    f) regulatory impact statement and other impact statements.
  6. Online: Superseded pages of the NYCRR are also available online through databases.
    Pages removed from 1945-2001 are available through the NYCRR Digital Archive (freely accessible). To search the database:
    --Check the title for the desired regulation in the left frame
    --Type the number or title of the regulation into the search bar
    --Click the "Search by Date" button and type the year of removal (amendment) into the box
    --Search the database and browse results to find the superseded pages
    --For more in-depth instructions, consult the User Guide: http://law.lib.buffalo.edu/nycrr/NYCRR-User-Guide%20v.1.pdf
    Pages removed from 2002+ are available through WestlawNext (law students only). This is a "snapshot" of the NYCRR saved by West at the end of the calendar year, not just superseded pages. To find pre-amendment regulations:
    --Determine the year the rule was amended
    --Select the previous year's edition from the list and search for the regulation number or title. (e.g. for a regulation amended in 2006, search in the 2005 edition).
  7. If a proposed rule was controversial, agency files would probably contain hearing transcripts, copies of comment received from regulated parties, and agency statements. Information on how to acquire this background information is available from the agency contact person listed in the N.Y. State Register notice. Access to information is facilitated by providing the agency with the rules index number (E.g.: ENV-08-96-0005).

Charles B. Sears Law Library • O'Brian Hall • North Campus • Buffalo, NY 14260 • ph:716-645-2047
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