State Codes and Statutes

Statutes > New-york > Sap > Article-2 > 205

§  205.  Right  to  judicial  review  of  rules.  Unless  an exclusive  procedure or remedy is provided by law, judicial review of rules may  be  had  upon  petition  presented  under article seventy-eight of the civil  practice law and rules, or in an action for a declaratory judgment where  applicable and proper.   The  agency  shall  be  made  a  party  to  the  proceedings.  Such  a special proceeding or action may not be maintained  unless the petitioner has first requested the agency to  pass  upon  the  validity  or  applicability  of the rule in question and action has been  taken upon such a request or more than thirty  days  has  elapsed  since  such  request  has been filed and no final action has been taken thereon  or the agency has not provided for  the  issuance  of  such  declaratory  rulings under section two hundred four. Unless the agency acts upon such  request  within  thirty days of its filing, such request shall be deemed  to have been denied. Nothing in this section shall be construed to grant  or deny to any person standing to petition under  article  seventy-eight  of  the  civil  practice  law  and  rules  or  to  bring an action for a  declaratory judgment or to prohibit the determination of the validity or  applicability of the rule in any other action or proceeding in which its  invalidity or inapplicability is properly asserted.

State Codes and Statutes

Statutes > New-york > Sap > Article-2 > 205

§  205.  Right  to  judicial  review  of  rules.  Unless  an exclusive  procedure or remedy is provided by law, judicial review of rules may  be  had  upon  petition  presented  under article seventy-eight of the civil  practice law and rules, or in an action for a declaratory judgment where  applicable and proper.   The  agency  shall  be  made  a  party  to  the  proceedings.  Such  a special proceeding or action may not be maintained  unless the petitioner has first requested the agency to  pass  upon  the  validity  or  applicability  of the rule in question and action has been  taken upon such a request or more than thirty  days  has  elapsed  since  such  request  has been filed and no final action has been taken thereon  or the agency has not provided for  the  issuance  of  such  declaratory  rulings under section two hundred four. Unless the agency acts upon such  request  within  thirty days of its filing, such request shall be deemed  to have been denied. Nothing in this section shall be construed to grant  or deny to any person standing to petition under  article  seventy-eight  of  the  civil  practice  law  and  rules  or  to  bring an action for a  declaratory judgment or to prohibit the determination of the validity or  applicability of the rule in any other action or proceeding in which its  invalidity or inapplicability is properly asserted.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sap > Article-2 > 205

§  205.  Right  to  judicial  review  of  rules.  Unless  an exclusive  procedure or remedy is provided by law, judicial review of rules may  be  had  upon  petition  presented  under article seventy-eight of the civil  practice law and rules, or in an action for a declaratory judgment where  applicable and proper.   The  agency  shall  be  made  a  party  to  the  proceedings.  Such  a special proceeding or action may not be maintained  unless the petitioner has first requested the agency to  pass  upon  the  validity  or  applicability  of the rule in question and action has been  taken upon such a request or more than thirty  days  has  elapsed  since  such  request  has been filed and no final action has been taken thereon  or the agency has not provided for  the  issuance  of  such  declaratory  rulings under section two hundred four. Unless the agency acts upon such  request  within  thirty days of its filing, such request shall be deemed  to have been denied. Nothing in this section shall be construed to grant  or deny to any person standing to petition under  article  seventy-eight  of  the  civil  practice  law  and  rules  or  to  bring an action for a  declaratory judgment or to prohibit the determination of the validity or  applicability of the rule in any other action or proceeding in which its  invalidity or inapplicability is properly asserted.