Administrative Law Flashcards

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.

A licensee wants to challenge a final, binding agency determination revoking her license in a CPLR Article 78 proceeding. Within what period must she generally commence the proceeding?

Answer: Four months after the determination becomes final and binding

CPLR 217 requires an Article 78 proceeding to be commenced within four months after the determination becomes final and binding on the petitioner.

In an Article 78 proceeding, the petition raises whether a determination made after a trial-type hearing is supported by substantial evidence. What must Supreme Court do?

Answer: Transfer the proceeding to the Appellate Division

Under CPLR 7804(g), when a substantial evidence question is raised, Supreme Court must transfer the proceeding to the Appellate Division, after first deciding any objections that could terminate the case.

A teacher found guilty of minor misconduct after a hearing is dismissed, and she challenges only the penalty in an Article 78 proceeding. Under Pell v. Board of Education, when may the court set aside the penalty?

Answer: When the penalty is so disproportionate to the offense as to be shocking to one's sense of fairness

Pell holds that a court may disturb an administrative sanction only if it is so disproportionate to the offense that it shocks one's sense of fairness.

A petitioner seeks relief in the nature of mandamus to compel an agency official to act. Which showing is essential?

Answer: The petitioner has a clear legal right to performance of a ministerial, nondiscretionary duty

Mandamus to compel lies only to enforce a clear legal right where the body has a ministerial, nondiscretionary duty to act.

A records access officer denies a reporter's request under New York's Freedom of Information Law (FOIL). What must the reporter ordinarily do before filing an Article 78 proceeding?

Answer: Submit a written appeal to the agency's designated appeals officer or head within 30 days

Public Officers Law § 89(4) requires an administrative appeal within 30 days of denial, and only after that appeal is denied (or ignored) may the requester bring an Article 78 proceeding.

In Boreali v. Axelrod, the Court of Appeals struck down the Public Health Council's indoor-smoking regulations. On what ground?

Answer: The Council exceeded its delegated authority and usurped the Legislature's policymaking role

Boreali held the Council violated separation of powers by making broad policy choices, balancing economic and social concerns, that belonged to the Legislature.

An agency denies a variance application without holding any trial-type hearing, and the applicant challenges the denial under Article 78. What standard of review applies?

Answer: Whether the determination was arbitrary and capricious or lacked a rational basis

Where no adjudicatory hearing was required or held, the court asks whether the determination was arbitrary and capricious, i.e., lacked a rational basis.

Which circumstance most clearly excuses a petitioner from exhausting administrative remedies before seeking Article 78 relief?

Answer: The agency's action is challenged as wholly beyond its grant of power

New York excuses exhaustion when the agency acts wholly beyond its power, when the action is challenged as unconstitutional, when resort would be futile, or when irreparable injury would result.

Under New York's Open Meetings Law, how may a public body properly go into executive session?

Answer: By a majority vote of its total membership taken in an open meeting, identifying the general subject

Public Officers Law § 105 requires a motion made in open session, identifying the general area to be considered, carried by a majority vote of the total membership.

A county board conducting a quasi-judicial disciplinary proceeding is about to act in a matter clearly outside its jurisdiction. Which Article 78 relief is most appropriate?

Answer: Prohibition

Prohibition lies to restrain a body or officer acting in a judicial or quasi-judicial capacity from proceeding without or in excess of jurisdiction.

At an administrative hearing, the agency's case rests mainly on hearsay statements. How does New York treat such evidence?

Answer: It is admissible and, if sufficiently relevant and probative, may alone constitute substantial evidence

Hearsay is admissible in administrative proceedings and, if sufficiently relevant and probative, may alone be substantial evidence (e.g., People ex rel. Vega v. Smith).

An agency interprets a statute in a case involving pure statutory reading, with no need for specialized expertise or factual evaluation. How much deference does a New York court give that interpretation?

Answer: Little or no deference; the court decides the question of law itself

Under Kurcsics v. Merchants Mutual, when the issue is pure statutory interpretation not requiring specialized knowledge, courts need not defer to the agency.

Under the State Administrative Procedure Act, an agency adopts an emergency rule without prior notice because immediate action is needed to protect public health. How long may that emergency rule remain effective without further action?

Answer: 90 days

SAPA § 202(6) limits an emergency rule to no more than 90 days unless the agency has started regular rulemaking and extends it as SAPA allows.

A civic group challenges a county land-use decision in an Article 78 proceeding. Under Society of Plastics Industry v. County of Suffolk, what must the group show to have standing?

Answer: An injury in fact that falls within the zone of interests the statute protects

Society of Plastics requires an injury in fact, different from the public at large in land-use cases, falling within the zone of interests the statute protects.