NYCL AGO 95-F8.

• Case Date: December 07, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-F8. December 7, 1995Formal Opinion No. 95-F8Leslie R. Byrd, Esq. General Counsel No. 95-F8New York State Division of Housing and Community RenewalOne Fordham PlazaBronx, New York 10458STATE ADMINISTRATIVE PROCEDURE ACT, ART 3, § 307; L 1995 CH 645; L 1985 CH 469As amended by L 1995 ch 645, section 307(3)(a)'s indexing requirements are now expanded to include those final determinations that arise out of a statute specifically providing affected parties with an opportunity to be heard.Dear Ms. Byrd: You have requested a formal opinion from this office as to how the New York State Division of Housing and Community Renewal (DHCR) should interpret the Legislature's 1995 amendment to State Administrative Procedure Act (SAPA) Article 3. Specifically, you ask whether section 307's expanded indexing requirements will hereafter mandate the indexing of all written final determinations in which DHCR has provided affected parties with an "opportunity to be heard," or whether the scope of chapter 645 of the Laws of 1995 is limited to those determinations that arise out of a statute specifically providing affected parties with an opportunity to be heard. We understand you are concerned that, by implementing an unnecessarily expansive reading of chapter 645, DHCR will index several thousand more determinations annually than is actually required by amended SAPA § 307(3)(a), all at considerable cost to the agency. We have concluded that unless an explicit statutory "opportunity to be heard" requirement is present, the new indexing requirements of section 307(3)(a) will not be triggered. As amended, section 307(3)(a) provides that

Each agency shall maintain an index by name and subject of all written final decisions, determinations and orders emanating from adjudicatory proceedings. For purposes of this subdivision, such index shall also include by name and subject all written final decisions, determinations and orders rendered by the agency pursuant to a statute providing any party an opportunity to be heard, other than a rulemaking. Such index and the text of any such written final decision, determination or order shall be available for public inspection and copying. Each decision, determination and order shall be indexed within sixty days after having been rendered.

SAPA §...