Judicial Review of Agency Adjudications Flashcards
What are the preconditions to review of administrative adjudications?
- Plaintiff Standing
a. Party against whom the agency action was brought; OR
b. Anyone else affected by the decision
- Exhaustion of Available Administrative Remedies
- Finality of Agency Decision
What are the grounds for an Article 78 proceeding?
- Agency failed to perform a duty required by law
- Agency is proceeding with or in excess of its jurisdiction
- Petitioner is seeking review on grounds that the determination was:
a. in violation of lawful procedure
b. affected by an error of law
c. arbitrary or capricious
d. an abuse of discretion - Petitioner is seeking review after a hearing on grounds that the determination is not supported by sufficient evidence
What is the statute of limitations for an Article 78 proceeding? What is the procedure for commencing a proceeding?
Generally, 4 months after the agency determination is final.
Commencement is by filing with the court.
The petition, accompanied by a notice of petition or an order to show cause, must be served within 15 days after the statute of limitations is scheduled to expire.
What papers must be served in an Article 78 proceeding?
- Petitioner’s verified petition
- Respondent’s verified answer, including a certified transcript of pleadings below
- Reply
What is the time frame for service of papers in an Article 78 proceeding?
- Petition = 20 days before hearing
- Answer = 5 days before hearing
- Reply = 1 day before hearing
What is the standard of review of an agency’s determination?
The finding will be upheld if there is relevant proof that a reasonable mind could accept as adequate to support the conclusion or ultimate facts
The conclusion need only be reasonable and plausible
Where is an Article 78 proceeding commenced?
In the Supreme Court
If a substantial evidence question is raised, it is transferred to the Appellate Division
