N.Y.
State Administrative Procedure Act Law Section 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 § 202 (Rule making procedure)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.(b)
The provisions of § 202 (Rule making procedure)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.(c)
Notwithstanding the requirements of any statute, when adopting a consensus rule as defined in this chapter, an agency may in its discretion dispense with any statutory requirement for public hearing or publication of a notice in any newspaper or publication other than the state register, unless such requirement is explicitly directed at the rule which is being adopted.2.
The provisions of this chapter shall not be deemed to repeal Labor Law § 659 (Reconsideration of wage orders and regulations)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.
Source:
Section 103 — Construction; severability, https://www.nysenate.gov/legislation/laws/SAP/103 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
