Administrative Law Flashcards
6 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Administrative Law flashcards as text
Under New York's State Administrative Procedure Act (SAPA), which of the following is required before an agency can adopt a new rule?
Answer: Publication in the NY Register and a public comment period
SAPA requires that proposed rules be published in the New York State Register and that the public be given an opportunity to comment before the rule is adopted.
In a CPLR Article 78 proceeding challenging an agency determination, which standard of review applies when the agency's decision involves a factual finding after a hearing?
Answer: Substantial evidence
When an agency determination is made after a quasi-judicial hearing required by law, the court reviews the factual findings under the substantial evidence standard.
Where is a CPLR Article 78 proceeding to review a state agency determination ordinarily commenced?
Answer: Supreme Court
An Article 78 proceeding is commenced in Supreme Court (CPLR 506(b), 7804). If a substantial evidence question is raised, the proceeding is transferred to the Appellate Division under CPLR 7804(g). Agency determinations are not appealed directly to the Appellate Division.
Under NY law, what is the statute of limitations for commencing an Article 78 proceeding to challenge an administrative determination?
Answer: Four months from the date the determination becomes final and binding
CPLR 217 provides a four-month statute of limitations for Article 78 proceedings, running from the date the determination becomes final and binding on the petitioner.
Which of the following principles requires a party to raise all available administrative remedies before seeking judicial review in New York?
Answer: Exhaustion of administrative remedies
The exhaustion doctrine requires parties to pursue all available administrative appeals before courts will entertain an Article 78 challenge.
Under New York's Freedom of Information Law (FOIL), an agency must respond to a records request within what time frame?
Answer: Five business days of receipt
FOIL requires agencies to respond within five business days of receiving a request, either granting access, denying with reasons, or acknowledging receipt and providing an approximate date for a response.