Intro and Definitions Flashcards
What is Administrative Law?
Administrative Law = rules relating to the powers and procedures of administrative agencies
What is an agency?
Agency = a governmental unit typically created by the legislature to oversee a particular area of law.
Examples: New York State Department of Health New York State Liquor Authority New York Racing Association New York State Office of General Services
What are the 2 PRINCIPAL FUNCTIONS of an AGENCY?
Principal functions = Quasi-legislative functions AND Quasi-judicial functions
(i) Quasi-legislative functions:
the creation of rules
regulating a particular area of law
persuant to the powers delegated to it by the legislature
(ii) Quasi-judicial functions:
typically an adversary proceeding
between the agency and an individual or enterprise
regulated by the agency
Examples of quasi-judicial functions:
a. Agency suspending or revoking a gov’t benefit or license by an agency
b. Determination of if a regulatory rule has been violated – In these contests, an agency official acts in a quasi-judicial capacity
What is the NEW YORK REGISTER and what is its purpose?
New York Register =
a weekly publication of New York State that contains INFORMATION on PROPOSED RULES and OTHER AGENCY ACTIVITIES
What is the New York Codes, Rules and Regulations (“NYCRR”)?
New York Codes, Rules and Regulations (“NYCRR”) =
a compilation of state agency rules that have been adopted by state agencies after being PUBLISHED in t he New York State Register
What is the State Administrative Procedure Act (“SAPA”)?
State Administrative Procedure Act (“SAPA”) =
a New York State statute governing the procedures that most New York State agencies must follow, including:
(i) the PROCEDURES for ADOPTING RULES (quasi-legislative); and
(ii) Conducting HEARINGS and PROCEEDINGS before those agencies (quasi-judicial)
SAPA BASICALLY TELLS AGENCIES HOW THEY SHOULD BE OPERATED
