Administrative Law Flashcards

When a charge of unconstitutionality based on factual disputes surrounds an agency action:

Answer: The administrative level is where the record needs to be established.

When a constitutional challenge to an agency action turns on disputed facts, the factual record must be built at the administrative level before any court can review it. Courts exercising judicial review do not independently gather evidence — they examine the record already created below. Allowing state courts alone, or both levels simultaneously, to establish the record would undermine the administrative process and the orderly progression from agency to judicial review.

When examining agency conclusions about facts reached in the absence of a formal adjudicatory process, the court has to decide if the conclusion was arbitrary and capricious or had a _________ basis.

Answer: Rational

Under the arbitrary and capricious standard of review, a court asks whether the agency's conclusion had a rational basis — a logical, reasonable connection between the evidence and the decision reached. 'Rational' is the precise legal term used in administrative law; 'wide,' 'significant,' and 'narrow' are not recognized standards in this context. A decision lacking a rational basis is deemed arbitrary and capricious and subject to being overturned.

The legislature may authorize an administrative agency to fill in the details and gaps of a statute through rules and regulations, but only:

Answer: In line with the enabling legislation

Administrative agencies are creatures of statute and may only fill legislative gaps in ways that are consistent with — and within the scope of — their enabling legislation. An agency cannot act according to its own independent judgment or general notions of reasonableness if doing so exceeds what the legislature authorized. The enabling act is the outer boundary of agency rulemaking power, regardless of whether the agency's preferred approach seems rational or fair.

Discovery in an administrative adjudicatory proceeding is governed by:

Answer: Under the Agency's established regulations

Discovery in administrative proceedings is governed by the agency's own established regulations, not by the CPLR (which applies to civil court litigation) or by the NYCRR in general. Each administrative agency has authority to set its own procedural rules, including the scope and method of discovery within its proceedings. The enabling legislation creates the agency but typically delegates the detailed procedural rules — including discovery — to the agency itself.

Under SAPA 202(1), unless a different time is specified by statute, a notice of proposed rule making must appear in the State Register at least how many days before adoption (or before the first required public hearing)?

Answer: 60 days

SAPA 202(1) requires publication of a notice of proposed rule making in the State Register at least 60 days before adoption (or before the first required public hearing), with comments accepted for at least 60 days. The notice expires if the rule is not adopted within 365 days.

An administrative agency in New York may conduct investigations and issue subpoenas only to the extent that:

Answer: The power is conferred on it by its enabling legislation

Agencies are creatures of statute and have only the powers conferred by their enabling legislation (expressly or by necessary implication). Subpoena power is not inherent; it must be granted by the agency's enabling statute (see SAPA 304 and CPLR 2308 for enforcement).

The judicial process and procedure used to contest agency decisions are outlined in Article ____ of the CPLR.

Answer: 78

Article 78 of the CPLR is the specific procedural vehicle in New York for seeking judicial review of decisions made by administrative agencies, officers, or bodies. It consolidates the old common-law writs of certiorari, mandamus, and prohibition into a single streamlined proceeding. Articles 40, 65, and 96 govern entirely different subject matters and have no application to administrative review.

Attendees at an administrative hearing:

Answer: may be counseled and accompanied.

Participants in administrative hearings have the right to be represented by and accompanied by counsel, reflecting due process protections that extend into administrative proceedings. The right to have an attorney present — not merely to consult one elsewhere — is a fundamental protection in these proceedings. The wrong options improperly limit or deny this right by suggesting attendees have no entitlement to counsel or may only receive advice without having an attorney physically present.

The statute of limitations for a proceeding against a body or officer is _________ after the decision to review becomes final and binding on the petitioner, unless otherwise permitted by law.

Answer: Four Months

CPLR 217 sets a four-month statute of limitations for commencing an Article 78 proceeding to challenge a final administrative determination. This relatively short window reflects the policy of providing finality and certainty to agency decisions. One year, thirty days, and three months are all incorrect — confusing this deadline with other limitations periods is a common error on the NYLE.

If a decision is made without a good rationale or consideration of the circumstances, it is considered ______________:

Answer: Arbitrary and capricious

'Arbitrary and capricious' is the established legal standard describing an administrative decision made without rational basis, without consideration of relevant facts, or in disregard of the applicable legal standards. Courts applying this standard will vacate decisions that lack a reasonable foundation in the evidence or law. 'Misuse of judgment' is not a recognized legal term of art, and 'abuse of discretion' — while related — is a distinct standard applied in different contexts.

Under New York's separation of powers doctrine (Boreali v Axelrod), the Legislature may delegate rulemaking authority to an administrative agency:

Answer: Only if the statute provides standards and the agency does not make core policy choices reserved to the Legislature

The Legislature may not cede its essential policymaking function, but may delegate rulemaking authority to fill in details of a legislative scheme if it provides sufficient standards (Boreali v Axelrod, 71 NY2d 1). Agencies may not themselves make the value-laden policy choices reserved to the Legislature.