Partial preview of the text
Download Administrative Law: Separation of Powers, Procedures, and Review and more Exams Administrative Law in PDF only on Docsity!
NYLE - ADMINISTRATIVE LAW QUESTIONS AND ANSWERS 2025- 26
What is the separation of powers dactrine? - ANS-VWW means the legislature cannot delegate its lawmaking power to an administrative agency Can the legislature give administrative agencies Jawmaking power? — ANS-WW Yes, the legislature can give administrative agencics lawmaking power What power can the legislature give to administrative agencies? — ANS-Wv the power to fill in the gaps in the legislative product by prescribing rules and regulations consistent with the enabling legislation Does there need ta be expressed authorisation from the legislature giving the administrative agency power? — ANS-WWNo, there does not need to be a specific and detailed legislative expression authorising a particular administrative act, as long as the basie policy decision has been articulated by the legislature, the administrative rule or regulation is not inconsistent with the statutory language or its underlying purpose, and the administralive agency is not engaging in broad-based polic determinations What is the Act governing statutory procedures? — ANS-WW State Administrative Procedure Act (SAPA) What sections of SAPA are relevant for statutory procedures? — ANS-WW201, 202, and 203 What section of SAPA needs to be complied with when enacting an agency rule or regulation? — ANS-WWAn agency rule or regulation must be enacted in substantial compliance with the procedural requirements of SAPA 202 What should the administrative agency do before adopting a new rule? — ANS-Vv Prior to the adoption of a rule, an agency must submit notice of the proposed rule ta the Secretary of State for publication in the State Register and afford the public an opportunity to submit written comments on the proposed rule What should the natice lo the Secretary of Stale include? - ANS-WW Amongst other things, the notice to the Sceretary of State should include: 1. a statement of the statutory authority for the rule; 2a description of the rule and the website address where the full text is posted: complete text of the proposed rule, or if the rule exceeds a certain length, a 3. aregulatory impact statement and flexibility analysis; and 4, the date, time and place of any public hearings Which section of SAPA sets out the requirements that the notice shall include? — ANS-VWWSAPA 202 [11 [7 Is a public hearing required before the adoption of a rule? — ANS-WWNo, a public hearing is not required before the adaption of a rule unless a statute specifically requires a hearing When docs the rule or regulation become effective? — ANS-WWA rule is not effective until it is filed with the Seeretary of State and the notice of adoption is published in the State Register What sections of SAPA require natice Lo the Secretary of State and publication in the State Register, for the rule to be effective? - ANS-WWSAPA 202 [51 and 203 require notice to Sceretary of State and publication in the State Register for the adoption of the rule to be effective circumstances, to apprise the party whose rights are being determined of the charges against him or her and to allow for the preparation of an adequate defense Does the agency have diseretion to adopt rules of dis ANS-WVYes. extent and in the manner appropriate Lo ils proceedings, and the parties to the covery under SAPA 305 — very and depasitions to the tach agency may adopt rules for dise proceedings are subject to these rules. Do the formal rules of evidence under the CPLR apply to administrative hearings? — ANS-WWho, The formal rules of evidence contained in the CPLR do not apply to administrative hearings, but rules of privilege do, and a party has the right to crass— examination, What section of SAPA is relevant to the rules of evidence [or administrative hearings — ANS-WWSAPA 306 Do the rules of privilege apply to administrative hearings? — ANS-WWYes. The rules of privilege do apply to administrative hearings. Are partics able to crass—examine during administrative hearings? — ANS-WW Yes. A party has the right to cross—examination Who has the burden of proof? — ANS-WW Except as otherwise provided by statute, the burden of proof is on the party who initiates an administrative proceeding What section of SAPA covers the burden of proof provision? - ANS-VWWSAPA 306 What section of SAPA gives the right to representation? — ANS-WWSAPA 301 What docs SAPA 301 provide for? - ANS-WWAI] persons appearing at the hearing are accorded the right to be accompanied, represented and advised by counsel When do the doctrines of res judicata and collateral estoppel apply - ANS-W¥wW These doctrines are generally applicable to quasi-judicial administrative determinations that are made pursuant to the adjudicalory authority of an agency employing procedures substantially similar to those used in a court of law. However, where a party is a nominal party or did not haye a full and fair opportunity to litigate the material issuc before the agency, the doctrines will not be applied. Does the agency have power to acquire information? — ANS-¥W Yes. [ither by investigation or subpcona What is an agency's administrative investigation power? — ANS-WW Administrative agencies haye the power in furtherance of an investigation to issue subpoenas to compel the attendance of witnesses or the production of evidence. In order to justify a subpoena issued in furtherance of an investigation, the agency must make a preliminary showing that the information sought in the subpacna is reasonably related lo a proper subject of inquiry and that there is same basis for inquisitorial action. Administrative hearings conducted in the course of an investigatory proceeding must comply with the due process procedures set forth in Civil Rights Law §73 Are administrative inspections of private commercial propertics prohibited? — ANS— vv Yces, Administrative inspections of private commercial properties are prohibited by the Fourth Amendment prohibition against warrantless searches and seizures, There is an exception for warrantless inspection of closcly regulated businesses What is an agency's administrative subpoena power? — ANS-WW Officers presiding at administrative hearings are authorised to issue subpoenas at the request of any party (SAPA 304). Statutes governing adjudicatory procecdings before particular agencies to the courts. The major exceptions are agency actions that are challenged as cither unconditional or wholly beyond the agency grant of power. If a par What is Ripeness? — ANS-WwW If a party to an administrative adjudication pursucs all avenues of relicf open within the agency without a satisfactory result, the case is ripe far judicial review. Pre-enfarcement review is available only if the challenge is purely legal and further factual development would not contribute to the accurate resolution of the controversy What is Finality? - ANS-WWA party must wait until all phases of the agency adjudication are complete before judicial review can be had. Interlocutory relicf in the nature of prohibition is rarely available and requires grave or irreparable harm. Unless a shorter time is provided in the law authorising the proceeding, a proceeding against a body or officer must be commenced within four months after the determination to review becomes final and binding upon the petitioner. What CPLR Article provides the judicial proceeding and procedure used to challenge agency determinations? — ANS-WW¢ Article 78 of CPLR. What are the proceedings under Article 78 CPLR? -— ANS-Ww# Proceedings under Article 78 are special proceedings, subject to specific procedural requirements (CPLR 7804) What section of the CPLR provides for actions for declaratory judgements? — ANS-¥ ¥CPLR 3001 What is the difference between Article 78 and CPLR 3001? — ANS-Wwv Actions for declaratory judgement under CPLR 3001 are generally nol subject to the procedural strictures of Article 78 and are appropriate vehicles [or challenging agency actions that cannot be reviewed by Article 78 Can a court review an agency's interpretation of the law? - ANS-WWA court's review of an agency's interpretation of law is limited, Are agencies entitled to deference in matters of statutory interpretation? - ANS-Vv Yes. New York administrative agencies are entitled ta deference in matters of statutory interpretation of legislation governing the agency and in issuing decisions within the agency's own spccial expertise. What is the standard of review? when the court reviews the agency's interpretation of the law? - ANS-Wwv The standard of review is whether an agency's decision is supported by a rational basis or was affected by an error of law or was arbitrary and capricious or an abuse of discretion What sections of SAPA and CPLR apply to findings of fact? - ANS-WWSAPA 307 M1] and CPLR 7803 [4] Vindings of fact made after a formal adjudicatory hearing — ANS-WwW Determinations of fact made after a formal adjudicatory hearing must be made on the record as a whole and be supported by substantial evidence SAPA 307 [1] CPLR 7803 [4]. Substantial evidence means such relevant proof as a reasonable mind may accept as adequate to support a conclusion. What is meant by substantial evidence in relation to finding of fact? - ANS-Vv Substantial evidenee means such relevant proof as a reasonable mind may acecpt as adequate la support a conclusion, Where does substantial evidence sit with preponderance and beyond a reasonable doubt? — ANS-WW It is less than a preponderance of the evidence or evidence beyond a rcasonable doubt. commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprictary function for the state or any one or more municipalities thereol, except the judiciary or the state legislature" What docs §87 of Public Officers Law state about records? — ANS-WW Every "agency" as defined in $86 of the Public Officers Law, must make available for public inspection and copying all records, except those records or portions thereof that fall within certain cnumerated exceptions What section of the Public Officers Law specifies what records the state legislature must make? — ANS-WW Public Officer Law §88 specifies the records that the state legislature must make available for public inspection and copying Does access lo governmental records under the FOTL depend on the purpose Tor which the records are sought? - ANS-WW Access to governmental records under Freedom of Information Law docs not depend on the purpose for which the records are sought What is the Open Mectings Law? - ANS-WwW The Open Mectings Law requires public bodies (excepling judicial or quasi-judicial proceedings and political committees) Lo conduct all portions of any meeting in venues open lo the general public on reasonable adyance notice to the public, unless the public body calls an excecutive session (Public Officer Law §103). An executive session may be called only by a motion on majority yote of the public body in public se ion, and the motion must identify the general topics lo be discussed in the execulive session (Public Officers Law § 105). The permitted topics include discussions regarding proposed ar pending litigation, matters invelving law enforcement and criminal investigations, employment and personnel matters, and the proposed acquisition of real property when publicity would affect the property's market value, For Open Meetings, when may an executive session be called? - ANS-WWAn executive session may be called only by a motion on majorily vate of the public body in public session, and the motion must identify the general topics to be discussed in the executive session (Public Officers Law § 105). For Open Meetings, what topics are permitted? - ANS-WWThe permitted topics include discussions regarding proposed or pending litigation, matters involving law enforcement and criminal investigations, employment and personnel matters, and the proposed acquisition of real property when publicity would affect the property's market value. 
