NY BAR REVIEW ADMIN LAW 1

Question 1

Administrative Law

Answer 1

Rulemaking and Adjudicating

Quasilegislative and Quasijudicial

Question 2

Legislature

Answer 2

Agency fill in the details for policies

Question 3

Notice and Comment

Answer 3

rulemaking, SAPA 202

provide basis under law for the regulation

Question 4

Notice and Comment

Answer 4

rulemaking, SAPA 202

provide basis under law for the regulation

Question 5

Summary of proposition if over 2000 words is to contain

Answer 5

regulatory flexibility analysis
effect may have on rural areas
effect may have on small businesses
ability for public to submit comments

Question 6

process

Answer 6

filed in state legislature
usually 180 days
has to finalize within a year, or regulation willbe void

Question 7

notice of final adoption

Answer 7

assessment of public comment is to beincluded

Question 8

notice of final adoption

Answer 8

assessment of public comment is to beincluded

Question 9

court finds reason to change

Answer 9

need to submit amended rulemaking

Question 10

party under SAPA204

Answer 10

party may petition to see if regulation applies to them

Question 11

disatissfied with regulation?

Answer 11

can attack it pursuant to ART 78 of CPLR

Question 12

Public hearing

Answer 12

statute may require this before adopting a regulation

Question 13

dept of environmental conservation

Answer 13

water quality standards - notice of public hearing prior to proposed rule-making
date time place and handicapped access - hearing

Question 14

public hearing

Answer 14

legislative style, NOT court style

Question 15

Commissioner alone adopts regulations

Answer 15

ONLY in some agencies

Question 16

councils and boards

Answer 16

some agencies have those to adopt the new regulations

Question 17

NY administering for the federal govt

Answer 17

MEDICAID

Question 18

modify a STATE MEDICAID plan?

Answer 18

need federal approval

Question 19

regulation becomes law is published where?

Answer 19

NY CODES RULES AND REGULATIONS

Question 20

adopt a regulation on emergency basis - in what case?

Answer 20

necessary for public health safety or welfare

Question 21

SAPA 202 (6) - emergency regulation

Answer 21

effective immediately upon publication, good for 90 days, can extend for 60 more

Question 22

emergency regulation to become full and final?

Answer 22

go through full process

Question 23

Adjudication

Answer 23

disciplinary and benefits
license, permit,
medicaid, unemployment compensation, workman’s compensation
SAPA art 3,4,5

Question 24

SAPA art 3

Answer 24

notice with time, date, place, issues, statement of matters asserted - hearing

Question 25

hearing

Answer 25

in a reasonable time

Question 26

unreasonable delay in a hearing

Answer 26

prejudice to party who requested hearing
loss of information
witness unavailable
records destroyed

Question 27

site of hearing

Answer 27

convenient for parties
interpreter for deaf
interpreter for languages

Question 28

agency regulations

Answer 28

more extensive than SAPA

Question 29

rules of evidence

Answer 29

do NOT apply in administrative hearings

Question 30

RULES OF PRIVILEGE

Answer 30

apply in administrative hearings

Question 31

rules of discovery

Answer 31

each agency makes its own

and can also forbid rules of discovery

Question 32

SAPA art 4

Answer 32

if action may result in revocation of license or permit, some disclosure applies.
7 days notice - must provide copy of evidence and list of witnesses.
phyical evidence - provide written description of it.

Question 33

physician

Answer 33

entitled to interview before discussion

dept of health is to disclose exculpatory material to physician

Question 34

federal standards involved

Answer 34

so federal standards also for hearings

Question 35

standard of proof

Answer 35

substantial evidence

Question 36

substantial evidence

Answer 36

inference is reasonable or plausible and not necessarily the most probable

Question 37

preponderance

Answer 37

is the standard in some types of hearings

Question 38

public health law sec 230

Answer 38

preponderance of the evidence

Question 39

NYCRR - adult home

Answer 39

preponderance of the evidence

Question 40

nature of a hearing

Answer 40

required more due process

Question 41

abuse on a registry

Answer 41

bars person from working in that occupation again

Question 42

child abuse

nursing home

Answer 42

lose employment

lose occupation itself

Question 43

loss of employment

Answer 43

loss of license comparable
preponderance of the evidence
as would bar from future employment

Question 44

decisions of agency include?

Answer 44

findings of fact
findings of law
IN WRITING

Question 45

adoption by judge

Answer 45

final judgment

Question 46

`physician disciplinary

Answer 46

2 doctors and 1 layperson- quasi jury, judge on guilt, rule on law.

Question 47

board of regents

Answer 47

final action

Question 48

administrative law judge

Answer 48

may recommendation of a decision to the commissioner of health, environmental conservation

Question 49

administrative agency decision

Answer 49

can be conclusive / collateral estoppel or res judicata

Question 50

RYAN V. NY TELEPHONE

Answer 50

collateral estoppel to affect:
there had to be full opportunity to litigate on the merits
procedures in place similar to civil proceeding:
standard of proof
present witnesses
discovery, attorney
case by case decision

Question 51

crime

Answer 51

misconduct - arrested or convicted of crime

criminal court decision is conclusive on administrative agency.