§ 87 — Powers and duties

New York § 87

• Jurisdiction: New York
• Law LEG: Legislative
• Art. 5-B: Legislative Review of Administrative Regulations

Text

§ 87. Powers and duties. 1. The commission shall exercise continuous\noversight of the process of rule making and examine rules, as defined in\nsubdivision two of section one hundred two of the state administrative\nprocedure act, adopted or proposed by each agency with respect to (i)\nstatutory authority, (ii) compliance with legislative intent, (iii)\nimpact on the economy and on the government operations of the state and\nits local governments, and (iv) impact on affected parties; and, in\nfurtherance of such duties, may examine other issues it deems\nappropriate. For purpose of this article, the term agency shall mean any\ndepartment, board, bureau, commission, division, office, council,\ncommittee or officer of the state or a public benefit corporation or\npublic authority at least one of whose members is appointed by the\ngovernor.\n 2. The commission may employ such staff and retain such consultants\nand expert services as may be necessary and fix their compensation and\nexpenses within the amounts appropriated therefor. Employment by the\ncommission shall be deemed to be employment by the legislature for all\npurposes.\n 3. The commission shall have the power, subject to the provisions of\nsection seventy-three of the civil rights law, to hold hearings,\nsubpoena witnesses, administer oaths, take testimony and compel the\nproduction of books, papers, documents and other evidence in furtherance\nof its duties; provided, however, that no subpoena shall issue except\nupon the affirmative vote of a majority of the whole membership of the\ncommission. The commission may request and shall receive from all\nagencies such assistance and data as will enable it properly to\nconsummate any such examination, and review.\n 4. The commission shall be authorized to request and receive, from a\nstate agency, all rulemaking notices, statements and analyses as\nprovided for pursuant to the state administrative procedure act, data,\nrules, regulations and other information by electronic means as provided\nfor by article three of the state technology law.\n