NY S04034

Adds new subdivision 10 to Section 202 of the State Administrative Procedure Act authorizing the Administrative Regulations Review Commission to file written objections to proposed or adopted rules deemed unreasonable, arbitrary, capricious, or beyond an agency's delegated authority.

Requires the Commission to file a certified copy of any objection with the Department of State's Division of Administrative Rules and to publish notice of the objection in the New York State Register and New York State Codes, Rules and Regulations.

Shifts the burden of proof to the agency in any subsequent judicial review or enforcement proceeding to establish that an objected rule is not unreasonable, arbitrary, capricious, or beyond its authority.

Takes effect immediately upon enactment.