How can the public challenge a final rule?

• A. By filing a CPLR Article 78 petition within the applicable time, alleging the rule is arbitrary and capricious, not in accordance with law, or beyond statutory authority.
• B. By submitting a formal policy recommendation to the legislature.
• C. By filing a Notice of Violation with the agency's inspector general.
• D. By seeking expedited review in federal court.

Answer: (A)

Challenging a final state agency rule is done through a CPLR Article 78 petition in the NY Supreme Court. This route allows the public to argue that the rule is arbitrary and capricious, not in accordance with law, or beyond the agency’s statutory authority. The petition must be filed within four months after the rule becomes final and operative (generally after it is published and takes effect). The court reviews the agency’s record to determine whether the rule has a rational basis, complies with the statute that grants authority, and is not otherwise unlawful.

The other options don’t provide the proper judicial remedy: submitting a formal policy recommendation to the legislature is lobbying, not a legal challenge; filing a Notice of Violation with the agency’s inspector general is an enforcement action, not a challenge to the rule; seeking expedited review in federal court would typically not be the correct path for challenging a state rule unless a federal question or other federal remedy applies, which is not the standard avenue for NY state rules.