New York Public Personnel Law: An administrative agency’s rules and regulations must be consistent with and supplemental to the legislation relied upon by the agency for their promulgation

July 22, 2013

An administrative agency’s rules and regulations must be consistent with and supplemental to the legislation relied upon by the agency for their promulgation

An administrative agency’s rules and regulations must be consistent with and supplemental to the legislation relied upon by the agency for their promulgation
Kigin v State of N.Y. Workers' Compensation Bd., 2013 NY Slip Op 05360, Appellate Division, Third Department

In this challenge to a determination by the Workers’ Compensation Appeal Board, one of the arguments advanced by the claimant denied certain benefits was that the Board lacked the authority to promulgate the regulations and the “incorporated Guidelines” relied upon by the Board for its ruling, contending that they were inconsistent with the enabling legislation and the workers' compensation statutory scheme.

Addressing this argument, the Appellate Division said that “[a]lthough administrative agencies have no inherent legislative power, they have ‘all the powers expressly delegated to [them] by the Legislature and are authorized to ‘fill in the interstices in the legislati[on]’ by promulgating rules and regulations consistent with their enabling legislation.”

Further, said the court, "[I]t is not always necessary that the Legislature provide precise guidelines to an agency charged with carrying out the policies embodied in a legislative delegation of power. In certain technical areas, where flexibility is required to enable an administrative agency to adapt to changing conditions, it is sufficient if the Legislature confers broad power upon the agency to fulfill the policy goals embodied in the statute, leaving it up to the agency itself to promulgate the necessary regulatory details."

Also, said the Appellate Division, courts will uphold regulations that are consistent with and supplemental to the relevant statute “provided they have a rational basis and [are] not unreasonable, arbitrary, capricious or contrary to the statute under which [they were] promulgated."

The Appellate Division ruled that the Board acted within its legislatively conferred authority in this instance.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2013/2013_05360.htm

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