CAPA and the Rulemaking Process in New York City

Originally held on Monday, January 25, 2021 | 4:00 pm – 6:00 pm

Program Chair:
Olga Statz
General Counsel, NYC Office of Administrative Trials and Hearings

  • One of the principal avenues city agencies have for the exercise of their authority under the Charter and the Administrative Code is the promulgation and enforcement of rules. For example, when the Charter and/or the Administrative Code authorize an agency to seize property, close certain establishments and impose monetary penalties, that authority is normally fleshed out by the agencies during the rulemaking process. During this process, agencies, for example, set specific dollar amounts and identify the conditions that must prevail before an establishment may be closed or property seized. The rules also set out the specific steps those affected by agency action must take in order to reopen their establishments, challenge the imposition of penalties, and recover their property. Given the scope of the power agencies exercise through this medium, it is important for agency attorneys and attorneys representing businesses and individuals subject to city rules to become familiar with their function as well as their limitations. This CLE program proposes to acquaint attendees with the nature and purpose of rules, the process by which they are promulgated, how best to draft them, as well as the statutory and court limitations imposed upon them.

    Program Fee:
    $119 for Members | $219 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Steven L. Goulden
    Senior Counsel
    Legal Counsel Division
    New York City Law Department

    Francisco X. Navarro
    Customer Service Policy Advisor
    NYC Mayor’s Office of Operations

    Frank Ng
    Senior Counsel
    NYC Office of Administrative Trials and Hearings

  • 4:00 pm – 4:05 pm
    Introduction & Program Overview

    4:05 pm – 4:25 pm
    The Nature & Purpose of New York City Agency Rules
    Steven L. Goulden

    4:25 pm – 4:45 pm
    The Legal Parameters of Agency Rulemaking:
    What is a Rule and Under What Circumstances Can Agencies Draft Rules & Under What Circumstances Can They Not?

    Steven L. Goulden & Frank Ng

    4:45 pm – 4:50 pm

    4:50 pm – 5:20 pm
    How Rules Are Promulgated (Description of the CAPA Process
    Steven L. Goulden & Francisco X. Navarro

    5:20 pm – 5:50 pm
    How to Draft Effective Rules/Keeping in Mind the Rules of Statutory Interpretation
    Olga Statz & Francisco X. Navarro

    5:50 pm – 6:00 pm
    Question & Answer Session

  • New York: 2.0 Skills
    New Jersey: 2.3 General
    California: 1.5 General
    Pennsylvania: 1.5 General
    Connecticut: Available to Licensed Attorneys

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see

  • Sponsoring Association Committees:
    Administrative Law, Jeremy Zenilman, Chair
    Election Law, Katharine G. Loving, Chair
    Government Ethics & State Affairs, Edward L. Murray, Chair
    New York City Affairs, John Owens, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 |