NYLE Administrative Law

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

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.

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

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.

Question 3

Where is a CPLR Article 78 proceeding to review a state agency determination ordinarily commenced?

Accepted Answer

Supreme Court

Answer

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.

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

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.

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

The exhaustion doctrine requires parties to pursue all available administrative appeals before courts will entertain an Article 78 challenge.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Administrative Law