NYLE Administrative Law 2

Question 1

Under New York's State Administrative Procedure Act (SAPA), which of the following is required before an agency can adopt a new rule?

Accepted Answer

Publication in the NY Register and a public comment period

Answer

Approval by the Governor's office only

Answer

A full evidentiary hearing before an ALJ

Answer

Unanimous consent of the agency's board members

Question 2

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?

Accepted Answer

Substantial evidence

Answer

Arbitrary and capricious

Answer

De novo review

Answer

Clear and convincing evidence

Question 3

Which body in New York has the authority to hear appeals from decisions of most state administrative agencies?

Accepted Answer

The Appellate Division of the Supreme Court

Answer

The NY Court of Appeals directly

Answer

The Governor's Office of Regulatory Reform

Answer

The State Senate Judiciary Committee

Question 4

Under NY law, what is the statute of limitations for commencing an Article 78 proceeding to challenge an administrative determination?

Accepted Answer

Four months from the date the determination becomes final and binding

Answer

One year from the date of the determination

Answer

Six months from notice of the determination

Answer

30 days from the agency's written decision

Question 5

Which of the following principles requires a party to raise all available administrative remedies before seeking judicial review in New York?

Accepted Answer

Exhaustion of administrative remedies

Answer

Res judicata

Answer

Collateral estoppel

Answer

The ripeness doctrine

Question 6

Under New York's Freedom of Information Law (FOIL), an agency must respond to a records request within what time frame?

Accepted Answer

Five business days of receipt

Answer

Ten calendar days of receipt

Answer

30 calendar days of receipt

Answer

Within a reasonable time, with no specific deadline