NYLE Administrative Law 3

Question 1

In New York, which of the following is NOT a ground for challenging an administrative determination under CPLR Article 78?

Accepted Answer

The agency's policy is unwise or imprudent

Answer

The determination was made in violation of lawful procedure

Answer

The determination was affected by an error of law

Answer

The determination was arbitrary and capricious

Question 2

Under New York's Open Meetings Law, which of the following actions may a public body take in executive session?

Accepted Answer

Discuss proposed litigation strategy

Answer

Vote to adopt a final budget

Answer

Approve minutes of a prior meeting

Answer

Elect officers of the body

Question 3

When a New York administrative agency interprets its own regulation, what level of deference do courts typically afford?

Accepted Answer

The agency's interpretation is given deference unless irrational or unreasonable

Answer

No deference; courts interpret regulations de novo

Answer

Absolute deference in all circumstances

Answer

Deference only if the interpretation was published in the State Register

Question 4

Which of the following correctly describes the role of an Administrative Law Judge (ALJ) in New York state proceedings?

Accepted Answer

The ALJ conducts hearings and makes recommended findings, but the agency head makes the final determination

Answer

The ALJ's decision is final and binding on the agency

Answer

The ALJ only rules on procedural motions, not substantive issues

Answer

The ALJ serves as legal counsel to the agency during the hearing

Question 5

Under SAPA, what is the maximum period a rule adopted on an emergency basis may remain in effect without undergoing formal rulemaking?

Accepted Answer

90 days, subject to renewal

Answer

60 days with no renewal permitted

Answer

180 days total

Answer

One year from initial adoption

Question 6

In New York, a FOIL request may be denied for records that are specifically exempted by which of the following?

Accepted Answer

Records that if disclosed would constitute an unwarranted invasion of personal privacy

Answer

Records that are more than 10 years old

Answer

Records that have already been published elsewhere

Answer

Records requested by non-residents of New York