http://www.suijurisclub.net Discuss right to travel in the world and Public highway. en Thu, 09 Sep 2010 17:43:53 GMT vBulletin 60 http://www.suijurisclub.net/images/styles/smartblue/misc/rss.jpg http://www.suijurisclub.net http://www.suijurisclub.net/travel/10010-circular-file.html Fri, 03 Sep 2010 11:50:00 GMT People v. Cull, 10 NY 2d 123 - NY: Court of Appeals 1961 But it was obviously the intent of the members of the Constitutional Convention that,... People v. Cull, 10 NY 2d 123 - NY: Court of Appeals 1961

But it was obviously the intent of the members of the Constitutional Convention that, regardless of any such legislative requirements, the rules were not to be effective unless filed with the Department of State. As one of the delegates remarked (Revised Record, op. cit., p. 968),


As is apparent, therefore, notice was not the only purpose of the constitutional provision. Because of the "ever-increasing body of administrative law," with constantly new and changing regulations, it was equally important that a "common" and "definite place" be provided where the exact content of such rules and regulations, including any changes, might be found. In other words, a "central" place was needed "where * * * anyone may examine in that one place what the law or rule is that has been enacted affecting his particular interest." (Revised Record, op. cit., p. 947, per Senator Wagner; see, also, pp. 942, 950, 964, 968, 1429; Harris, Administrative Practice and Procedure, 6 Okla. L. Rev. 29, 35.)

Otherwise, in a case such as the present, a failure to file, though it would not leave a motorist in ignorance of a posted speed restriction, would prevent him — for instance, following a charge — from examining the contents of the rule establishing such limitation in order to determine its legality, effectiveness or accuracy.

It should be noted, moreover, that other state bodies, such as park commissions and bridge authorities, which have power to regulate vehicular speeds in specified areas, file their speed regulations with the Department of State. (See, e.g., N. Y. Off. Comp. of Codes, Rules & Regulations [1945], Vol. 1, pp. 498, 512; Vol. 2, pp. 952, 983, 989. And cf. Hotch v. United States, 212 F.2d 280, 284, dealing with comparable Federal legislation, viz., Federal Register Act of 1935 [U. S. Code, tit. 44, § 301 et seq.] and the Federal Administrative Procedure Act of 1946 [U. S. Code, tit. 5, §§ 1002, 1003, subd. (a)]).

The Constitution, in the clearest of language, requires that every rule and regulation made by board, bureau, officer, authority or commission — "except such as relates to the organization or internal management" of such office or agency — be filed in the office of the Department of State if it is to be effective. We know that underlying the provision was the desire to have all rules and regulations affecting the public filed in one, easily available, central place. We should not strive to read exceptions into the section or construe it so as to permit the official in charge of the bureau, commission or authority to avoid the necessity of filing by attaching the label "order" or "statement of policy" or some other term to what is essentially a rule or regulation. The spirit and design of the constitutional provision are best effectuated by requiring the administrator, if he wishes the rules and regulations of his agency or department to be effective, to file them no matter what label is assigned to them. ]]> Travel nydeemarie http://www.suijurisclub.net/travel/10010-circular-file.html