Opinion
Dated: June 18, 1984
STATE ADMINISTRATIVE PROCEDURE ACT, §§ 100, 203; L 1975, Ch 167; L 1957, Ch 826.
A regulation adopted in accordance with the State Administrative Procedure Act and under statutory authority has the force and effect of law.
Your assistant counsel has informed us that the Office of General Services (OGS) administers the Federal surplus personal property program in New York State. The program is authorized by the Federal Property and Administrative Services Act of 1949 (Federal Act). OGS has been acting under a "Temporary State Plan of Operation", but has been advised by the U.S. General Services Administration (GSA) that a permanent plan must be imposed to comply with the Federal Act. GSA authorizes any state that has enacted a uniform administrative procedure act to adopt a Permanent Plan Of Operation in accordance with such act. GSA has required that the state's attorney general certify that promulgation of rules under such a uniform act endows the rules with the force and effect of law. Your assistant counsel has requested that the Attorney General provide such certification.
Chapter 826 of the New York Laws of 1957 authorized the implementation of the Federal Act by the State agency designated by the Governor. Through letter dated September 19, 1977, Governor Hugh L. Carey submitted to the U.S. General Services Administration the Temporary New York State Plan Of Operation "developed in accordance with Federal Property Management Regulations, Section 101-44.202, and to carry out the provisions of Public Law 94-519 effective October 17, 1977" (letter to Mr. J. Solomon, Administrator, U.S. General Services Administration). This temporary plan was prepared by the Bureau of Federal Property Assistance of the New York State Office of General Services, "as the State agency responsible for administration and operation of the Federal surplus personal property program in New York State" (Temporary New York State Plan Of Operation, p 5).
In 1975 (ch 167), the New York State Legislature enacted the State Administrative Procedure Act. The purpose was to establish a simple and uniform administrative procedure for administrative rulemaking, adjudicatory and licensing processes among the agencies of State government (State Administrative Procedure Act, § 100). We have received a copy of your certification filed with the office of the New York State Register indicating that the Permanent Plan Of Operation has been adopted by you in accordance with all applicable laws and regulations (certification filed May 23, 1984 with the State Register, New York State Department of State). Accompanying the certification was the permanent plan, which became effective when filed with the Department of State ( ibid., State Administrative Procedure Act, § 203).
Regulations promulgated in accordance with the New York State Administrative Procedure Act and under statutory authority have the force and effect of law ( Brunner v Allstate Ins. Co., 79 A.D.2d 491, 494 [4th Dept, 1981]; see, also, People Ex Rel. Jordan v Martin, 152 N.Y. 311, 316-317).
We conclude that a regulation adopted in accordance with the State Administrative Procedure Act and under statutory authority has the force and effect of law.
Dated: June 18, 1984
Hon. John C. Egan Commissioner Office of General Services