2. Administrative Law

Question 1

Where are NY administrative laws published?

Answer 1

New York Codes, Rules and regulations (NYCRR), and the State Register.

Question 2

What are the three requirements of agency for adjudicatory proceeding?

Answer 2

1. provide a party with a hearing on the record before an impartial officer having the power to administer oaths and issue subpoenas;
2. keep a complete record of the proceeding; and
3. the final determination must be in writing including findings of facts and reasons for the decision.

Question 3

What are the four due process protection requirements for administrative proceedings?

Answer 3

1. a short and plain statement of the matters asserted;
2. an opportunity for a hearing within a reasonable time;
3. reasonable notice of such hearing; and
4. opportunity to present written arguments on issues of law and evidence on issues of fact.

Question 4

How specific should the administrative proceeding charge be?

Answer 4

The charge need only be reasonably specific.

Question 5

Does formal rules of evidence in CPLR apply to administrative hearings?

Answer 5

No

Question 6

Does rules of privileges apply to admin hearings?

Answer 6

Yes

Question 7

Do parties have right to cross-examiniation in admin hearings?

Answer 7

Yes

Question 8

Do persons appearing at the admin hearing accorded the right to be represented by counsel?

Answer 8

Yes

Question 9

What are the three requirements when the admin. agency is permitted make rules and regulations?

Answer 9

1. The basic policy decision has been articulated by the legislature,
2. the administrative rule or regulation is not inconsistent with the statutory language or its underlying purpose, and
3. the admin. agency is not engaging in broad-based policy determinations.

Question 10

When do the doctrines of Res Judicata and Collateral Estoppel not apply?

Answer 10

1. where a party is a nominal party, or
2. a party did not have a full and fair opportunity to litigate the material issue before the agency.

Question 11

What must admin. agency show to justify a subpoena? (2)

Answer 11

1. the subpoena is reasonably related to a proper subject of inquiry, and
2. there is some basis for inquisitorial action.

Question 12

To whom the request to withdraw or modify a administrative subpoena be first made?

Answer 12

The person who issued it.

Question 13

Which court should a motion to quash or enforce administrative subpoenas?

Answer 13

Supreme Court

Question 14

What are the four requirements for judicial review of administrative decision?

Answer 14

1. Standing
2. Exhaustion of administrative remedies
3. Ripeness, finality
4. within the statute of limitation

Question 15

What are the two-step test for standing for admin decisions?

Answer 15

1. a party must show some harmful effect, whether economic or non-economic; and
2. the interest sought to be protected must be arguably within the zone of interest to be protected by the statute under which the agency has acted.