Administrative Law Flashcards
Power to Make - Delegating Lawmaking Powers to Agencies
Under the separation-of-powers doctrine, the legislature cannot delegate its lawmaking power to an administrative agency. However, the legislature may endow administrative agencies with the power to fill in the gaps in the legislative product by prescribing rules and regulations consistent with the enabling legislation (Nicholas v Kahn, 47 NY2d 24 [1979]).
Power to Make - Requirements to Fill in the gaps
There does not need to be a specific and detailed legislative expression authorizing a particular administrative act, as long as the basic 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 administrative agency is not engaging in broad-based policy determinations (Gen. Elec. Capital Corp. v New York State Div. of Tax Appeals, 2 NY3d 249 [2004]).
State Administrative Procedure Act - What has to happen prior to the adoption of a rule?
An agency must submit notice of the proposed rule to the Secretary of State for Publication in the State Registrar and afford the public an opportunity to submit written comments on the proposed rule
State Administrative Procedure Act - What must a notice include?
- A statement of the statutory authority for the rule
- a complete text of the proposed rule or, if the rule exceeds a certain length, a description of the rule and the website address where the full text is posted
- a regulatory impact statement and flexibility analysis; AND
- the date, time, and place of any public hearings
State Administrative Procedure Act - Is a public hearing required?
No unless a state statute specifically requires the hearing
State Administrative Procedure Act - When is a rule not effective?
Except for emergency rules and certain other specified rule, a rule is not effective until it is filed with the Secretary of State and the notice of adoption is published in the State Register
State Administrative Procedure Act - Notice of adoption requirements
Must contain similar information required in the notice of the proposed rule AND must also include the effective date of the rule and an assessment of the public comments received on the rule
Adjudication Proceeding Definition
Any activity, other than rule-making or employee discipline, in which a determination is required by law to be made only on the record and after a hearing
Adjudication Requirements
he agency must provide a party with a hearing on the record before an impartial officer having the power to administer oaths and issue subpoenas; it must keep a complete record of the proceeding; and the final determination must be in writing and include findings of fact and reasons for the decision (SAPA 301,302,303, 304, 307).
Due Process Requirements
A party to an administrative proceeding must be afforded the due process protections of the Fourteenth Amendment and the New York State Constitution, i.e., a short and plain statement of the matters asserted, an opportunity for a hearing within a reasonable time, reasonable notice of such hearing, and an opportunity to present written argument on issues of law and evidence on issues of fact (SAPA 301).
Discovery - Governing Procedures
Not governed by the CPLR
Each agency may adopt rules for discovery and depositions to the extent and matter appropriate to its proceedings, and the parties are subject to these rules
Discovery - Rules of Evidence
The formal rules of evidence contained in the CPLR do not apply to administrative hearings, BUT rule of privilege do, and a party has the right to cross
Discovery - Burden of Proof
Except as otherwise provided by statute, the burden of proof is on the party who initiates an administrative proceeding
Discovery - Right to Counsel
All persons appearing at the hearing are accorded the right to be accompanied, represented and advised by counsel
Res Judicata and Collateral Estoppel Effect
These doctrines are generally applicable to quasi-judicial administrative determinations that are made pursuant to the adjudicatory authority of an agency employing procedures substantially similar to those used in a court of law