§ 205 — Right to judicial review of rules

New York § 205

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 2: Rule Making

Text

§ 205. Right to judicial review of rules. Unless an exclusive\nprocedure or remedy is provided by law, judicial review of rules may be\nhad upon petition presented under article seventy-eight of the civil\npractice law and rules, or in an action for a declaratory judgment where\napplicable and proper. The agency shall be made a party to the\nproceedings. Such a special proceeding or action may not be maintained\nunless the petitioner has first requested the agency to pass upon the\nvalidity or applicability of the rule in question and action has been\ntaken upon such a request or more than thirty days has elapsed since\nsuch request has been filed and no final action has been taken thereon\nor the agency has not provided for the issuance of such declaratory\nrulings under section two hundred four. Unless the agency acts upon such\nrequest within thirty days of its filing, such request shall be deemed\nto have been denied. Nothing in this section shall be construed to grant\nor deny to any person standing to petition under article seventy-eight\nof the civil practice law and rules or to bring an action for a\ndeclaratory judgment or to prohibit the determination of the validity or\napplicability of the rule in any other action or proceeding in which its\ninvalidity or inapplicability is properly asserted.\n