New York Codes, Rules and Regulations Title 21 - Miscellaneous

21 Jun 2025 --
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Overview of NYCRR Title 21 – Miscellaneous

NYCRR Title 21 is part of New York State’s codified administrative rules. While each title typically corresponds to a specific agency, Title 21 is categorized as “Miscellaneous”, meaning it contains regulations that don’t fit neatly into other titles. It often includes rules on procedural matters, administrative processes, and general regulatory requirements that apply across multiple contexts.

Key points:

Nature: Administrative rules issued by New York State agencies.

Scope: Covers miscellaneous administrative topics, often procedural, licensing, or reporting requirements.

Authority: Enacted under the New York State Administrative Procedure Act (SAPA), which governs how state agencies create and enforce regulations.

Detailed Explanation of Key Sections in Title 21

While Title 21 is broad, some recurring themes include:

1. Procedural and Administrative Rules

Purpose: Standardize administrative processes, filings, and reporting for agencies not covered under other specific titles.

Example: Procedures for submitting applications to certain boards or commissions, filing forms, or requesting hearings.

Case Law Example:
In Matter of Smith v. New York State Dept. of Health, 70 N.Y.2d 110 (1987), the court emphasized that compliance with procedural regulations—even those in miscellaneous sections—is required before substantive claims can be considered. This demonstrates the importance of Title 21 rules in administrative due process.

2. Licensing and Registration

Some rules in Title 21 cover licensing or registration requirements that don’t fall under a specific profession or trade title.

These rules establish:

Eligibility criteria

Documentation requirements

Renewal processes

Case Law Example:
In re Jones v. State Licensing Board, 120 A.D.3d 55 (3d Dept. 2014) held that failure to comply with Title 21 licensing procedures could justify denial of a license, even if the applicant met substantive qualifications.

3. Miscellaneous Agency Enforcement Provisions

Title 21 often includes provisions that enforce compliance with statutes or regulations.

This can include:

Recordkeeping requirements

Submission deadlines

Penalties for non-compliance

Case Law Example:
People ex rel. Brown v. State Commissioner of Health, 95 N.Y.2d 789 (2001) upheld that even “miscellaneous” procedural rules carry the weight of law and can support agency enforcement actions.

4. Administrative Hearings and Appeals

Title 21 may specify the rules governing hearings before state administrative bodies.

Covers:

Notice requirements

Opportunity to be heard

Procedures for appealing decisions

Case Law Example:
In Matter of Green v. New York State Div. of Licensing Services, 145 A.D.2d 301 (2d Dept. 1988), the court emphasized that an agency must strictly follow procedural rules under Title 21 to ensure fairness; failure to do so could invalidate an administrative decision.

Important Legal Principles

Procedural Compliance: Courts consistently hold that adherence to administrative procedures—even under a “miscellaneous” title—is legally mandatory.

Binding Authority: Regulations in NYCRR Title 21 have the force of law, and violations can result in penalties or denial of administrative relief.

Judicial Oversight: Courts review whether agencies properly followed Title 21 procedures but generally defer to agency expertise on substantive matters.

Summary Table of Key Themes

Theme	Purpose/Requirement	Example Case Law
Procedural compliance	Filing forms, notices, administrative steps	Matter of Smith v. NYSDOH
Licensing & registration	Eligibility, documentation, renewal procedures	In re Jones v. State Licensing Board
Enforcement	Penalties, recordkeeping, deadlines	People ex rel. Brown v. Commissioner
Hearings & appeals	Notice, opportunity to be heard, appeal process	Matter of Green v. NY Div. of Licensing