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

Courts reviewing agency action under Article 78 do not substitute their judgment for that of the agency on policy matters. The wisdom of an agency's policy is not a reviewable ground.

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

The Open Meetings Law permits executive sessions for limited purposes including discussing proposed, pending, or current litigation.

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

New York courts give deference to an agency's interpretation of its own regulations, provided the interpretation is not irrational or unreasonable.

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

In most New York agencies, the ALJ conducts the hearing and issues a recommended decision, but the final determination is made by the agency head or commissioners.

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

Emergency rules under SAPA are effective for 90 days and may be renewed if the agency has commenced the formal rulemaking process.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Administrative Law 3