NY BAR REVIEW ADMIN LAW 2 Flashcards
subpoena
agency can subpoena information from person
can conduct searches
inspect premises
provide information to
govt tax returns appellate division atty license for drinking bar camp for kids, sexual molestation restaurant kitchen nursing home hospital medical records pharmacy diverting drugs for personal use
pervasively regulated business
regulations that go to operation of business or condition to facility
hospital
inspector
upon complaint can demand to see kitchen, bar, nursing home, hospital
surveyor- health records
private practice of profession
no administrative inspection
statutory authority
to issue subpoena
reasonable casue for subpoena
connected to activyt thtat is to fucntion
statutory authority
to issue subpoena
reasonable cause for subpoena
connected to activity that is to function
revue of agency decision
art 78 proceeding
may start at appellate division level
licensing decision - albany appelate division
revue of agency decision
art 78 proceeding
may start at appellate division level
licensing decision - Albany appellate division
standing
must show some harmful effect, whether economic or non economic
standing in SAPA
must show some harmful effect, whether economic or non economic
zone if interest
protected under statute
exhaustion of administrative remedies, first administrative forum, hearing first, before court can take your case
must be ripe and final decision rendered by agency
adjudications that can be challenged
findings by agency of law determinations of fact discretionary decisions rules and policy determinations
challenge under rule of law
expertise of agency in interpreting regulations
no deference when outside expertise of agency
court may impose own standard
if no special expertise of agency needed
determinations of fact where factual finding on record
court reviews evidence as whether there’s been substantial evidence TEST
reasonable interpretation of evidence rather than one side more compelling than other
will review penalty imposed, whether provided for in law, in evidence, and if shocks fairness
