NYLE Administrative Law 2 — Questions and Answers
Question 1: Under New York's State Administrative Procedure Act (SAPA), which of the following is required before an agency can adopt a new rule?
- Publication in the NY Register and a public comment period (Correct answer)
- Approval by the Governor's office only
- A full evidentiary hearing before an ALJ
- Unanimous consent of the agency's board members
Correct answer: Publication in the NY Register and a public comment period
SAPA requires that proposed rules be published in the New York State Register and that the public be given an opportunity to comment before the rule is adopted.
New York's SAPA establishes a notice-and-comment process for agency rulemaking. Agencies must publish proposed rules in the NY State Register, allow at least 60 days for public comment (45 days for revised rules), and consider comments before adopting the final rule. This ensures transparency and public participation in the regulatory process.
Question 2: In a CPLR Article 78 proceeding challenging an agency determination, which standard of review applies when the agency's decision involves a factual finding after a hearing?
- Substantial evidence (Correct answer)
- Arbitrary and capricious
- De novo review
- Clear and convincing evidence
Correct answer: Substantial evidence
When an agency determination is made after a quasi-judicial hearing required by law, the court reviews the factual findings under the substantial evidence standard.
Under CPLR 7803(4), when a hearing is required by law and the agency conducts a quasi-judicial proceeding, courts apply the substantial evidence test to review factual determinations. This means the court asks whether a reasonable person could have reached the same conclusion based on the evidence in the record. This is a more rigorous standard than arbitrary and capricious but less than de novo review.
Question 3: Which body in New York has the authority to hear appeals from decisions of most state administrative agencies?
- The Appellate Division of the Supreme Court (Correct answer)
- The NY Court of Appeals directly
- The Governor's Office of Regulatory Reform
- The State Senate Judiciary Committee
Correct answer: The Appellate Division of the Supreme Court
Article 78 proceedings challenging agency decisions are brought in Supreme Court, with appeals going to the Appellate Division.
In New York, challenges to administrative agency determinations are typically brought as Article 78 proceedings in Supreme Court. Appeals from Supreme Court decisions go to the Appellate Division. In some cases, the legislature has provided for direct judicial review in the Appellate Division (e.g., certain Public Service Commission and Workers' Compensation Board decisions), bypassing Supreme Court entirely.
Question 4: Under NY law, what is the statute of limitations for commencing an Article 78 proceeding to challenge an administrative determination?
- Four months from the date the determination becomes final and binding (Correct answer)
- One year from the date of the determination
- Six months from notice of the determination
- 30 days from the agency's written decision
Correct answer: Four months from the date the determination becomes final and binding
CPLR 217 provides a four-month statute of limitations for Article 78 proceedings, running from the date the determination becomes final and binding on the petitioner.
CPLR 217(1) establishes that an Article 78 proceeding must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner. A determination becomes final and binding when the petitioner has exhausted all available administrative remedies and receives notice of the final decision. Failure to file within this period results in dismissal.
Question 5: Which of the following principles requires a party to raise all available administrative remedies before seeking judicial review in New York?
- Exhaustion of administrative remedies (Correct answer)
- Res judicata
- Collateral estoppel
- The ripeness doctrine
Correct answer: Exhaustion of administrative remedies
The exhaustion doctrine requires parties to pursue all available administrative appeals before courts will entertain an Article 78 challenge.
The exhaustion of administrative remedies doctrine is a fundamental jurisdictional prerequisite in New York administrative law. Before a party can bring an Article 78 proceeding, they must pursue all levels of administrative review available within the agency. Exceptions exist for constitutional challenges, when pursuit of remedies would be futile, or when the agency acted in excess of its jurisdiction.
Question 6: Under New York's Freedom of Information Law (FOIL), an agency must respond to a records request within what time frame?
- Five business days of receipt (Correct answer)
- Ten calendar days of receipt
- 30 calendar days of receipt
- Within a reasonable time, with no specific deadline
Correct answer: Five business days of receipt
FOIL requires agencies to respond within five business days of receiving a request, either granting access, denying with reasons, or acknowledging receipt and providing an approximate date for a response.
Under Public Officers Law § 89(3), an agency must within five business days of receipt of a written FOIL request either make the record available, deny the request in writing stating reasons, or acknowledge receipt and provide an approximate date (which must be reasonable) for when the request will be granted or denied. Failure to comply can be challenged via Article 78 proceeding.
NYLE Administrative Law 2
Under New York's State Administrative Procedure Act (SAPA), which of the following is required before an agency can adopt a new rule?