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
In New York, which of the following is NOT a ground for challenging an administrative determination under CPLR Article 78?
Answer: The agency's policy is unwise or imprudent
Courts reviewing agency action under Article 78 do not substitute their judgment for that of the agency on policy matters. The wisdom of an agency's policy is not a reviewable ground.
Under New York's Open Meetings Law, which of the following actions may a public body take in executive session?
Answer: Discuss proposed litigation strategy
The Open Meetings Law permits executive sessions for limited purposes including discussing proposed, pending, or current litigation.
When a New York administrative agency interprets its own regulation, what level of deference do courts typically afford?
Answer: The agency's interpretation is given deference unless irrational or unreasonable
New York courts give deference to an agency's interpretation of its own regulations, provided the interpretation is not irrational or unreasonable.
Which of the following correctly describes the role of an Administrative Law Judge (ALJ) in New York state proceedings?
Answer: The ALJ conducts hearings and makes recommended findings, but the agency head makes the final determination
In most New York agencies, the ALJ conducts the hearing and issues a recommended decision, but the final determination is made by the agency head or commissioners.
Under SAPA, what is the maximum period a rule adopted on an emergency basis may remain in effect without undergoing formal rulemaking?
Answer: 90 days, subject to renewal
Under SAPA 202(6), an emergency rule may remain in effect for no longer than 90 days after filing unless the agency complies with the regular rulemaking requirements and adopts the rule; if readopted before the 90 days expire, each readoption lasts no longer than 60 days.
Under FOIL (Public Officers Law 87(2)), an agency may deny access to records that:
Answer: Records that if disclosed would constitute an unwarranted invasion of personal privacy
One of the enumerated FOIL exemptions allows denial of records whose disclosure would constitute an unwarranted invasion of personal privacy.