Admin Law Basics Flashcards
What is administrative law?
Rules lelating to the powers and procedures of administrative agencies
What is an agency?
A governmental unit typically created by the legislature to oversee a particular area of law
What are some examples of agencies?
NY State Dept of Health
NY State Liquor Authority
NY State Office of General Services
What are the two broad, principal functions of an agency?
- Quasi-legislative functions (rulemaking)
- Quasi-judicial functions (enforcement)
What are quasi-legislative functions?
Quasi-legislative functions:
Agencies create rules regulating a particular area of law pursuant to powers delegated to it by the legislature
What are quasi-judicial functions?
Quasi-judicial functions:
A (typically adversarial) contest between an agency AND an individual or enterprise regulated by the agency
What are two examples of a quasi-judicial function?
- Suspension or revocation of a governmental license (i.e., NY can’t just take it away; there must be a hearing!)
- An official inquiry/finding of whether a rule has been violated and the fine to be assessed
What is the New York Register?
Weekly publication of NY State that contains information on proposed rules and other agency activities
What is the New York Codes, Rules and Regulations (NYCRR)?
Compilation of state agency rules that have been adopted by state agencies after being published in the NY Register
(Similar to the Federal CFR)
What is the State Administrative Procedures Act (SAPA)?
The NY State statute governing the procedures that most NY state agencies must follow, including:
- Procedures for adopting new rules AND
- Conducting hearings and proceedings befor those agencies
What are the five important agency topics?
- Rule making
- Adjudication
- Judicial review
- Investigation (Agency’s power to acquire information)
- Public disclosure of agency determinations and other information
