NY BAR REVIEW ADMIN LAW 3 Flashcards
if court finds a problem with a penalty
will send back to agency for further administrative action
challenging a regultion
arbitrary and capricious standard
arbitrary
regulation is irrational or speculative - no basis under fact or study
disciplinary cases
courts will refer to agencies
freedom of info law
meeting minutes
on internet available
make docs available to public for inspection and copying
open meetings law
body requires quorum to operate , proceedings covered in open meetings law - public officers law
open to general public
notice where and when
executive session for specifically exempt reasons - personnel
meetings
adjudication
restrictions on disclosure by some agencies
some prohibit
some limit - possibility of license or permit revocation
in public officers law - exemption from disclosure
law enforcement purpose
trader copyright info
unwarranted invasion of personal privacy - personnel
public health law barring disclosure
professional disciplinary action
abuse, mistreatment, neglect, in nursing home
adjournment
may not be granted by judge until we obtain all info
some foil
judges may consider the time for obtaining docs from agency
agency is to tell us
which statute applies beyond SAPA
court rulings that expand scope
we are to find these on our own
agencies post on their websites
administrative agency hearings and decisions
we should review these
no info on website
request decision of law judge before whom we will be speaking
