FREE NYLE Administrative Law Questions and Answers

Question 1

When a charge of unconstitutionality based on factual disputes surrounds an agency action:

Accepted Answer

The administrative level is where the record needs to be established.

Answer

The state court and administrative levels must both establish the record.

Answer

State courts are required to establish the record.

Answer

The state court or administrative level may establish the record.

Question 2

When examining agency conclusions about facts reached in the absence of a formal adjudicatory process, the court has to decide if the conclusion was arbitrary and capricious or had a _________ basis.

Accepted Answer

Rational

Answer

Wide

Answer

Significant

Answer

Narrow

Question 3

By establishing rules and regulations, the legislature may give administrative agencies the authority to close any gaps in the legislative output.

Accepted Answer

In line with the enabling legislation

Answer

In keeping with the remarks made by the legislators

Answer

In accordance with the administrative agency's judgment

Answer

That are neither haphazard nor irrational

Question 4

In an administrative action, discovery consists of:

Accepted Answer

Under the Agency's established regulations

Answer

In charge of the CPLR

Answer

In charge of the NYCRR

Answer

Controlled by the enabling legislation

Question 5

Which of the following is NOT need to be included in the adoption notice?

Accepted Answer

None of the following

Answer

Everything mentioned

Answer

Date the rule went into effect

Answer

Evaluation of public feedback on the rule

Question 6

Administrative investigations may be carried out by agencies, and subpoenas may be issued:

Accepted Answer

Unless specifically permitted by their enabling statutes

Answer

Provided that their enabling statutes implicitly permit

Answer

If required to fulfill the goals of the agency

Answer

Everything mentioned above

Question 7

The judicial process and procedure used to contest agency decisions are outlined in Article ____ of the CPLR.

Accepted Answer

78

Answer

40

Answer

65

Answer

96

Question 8

Attendees at an administrative hearing:

Accepted Answer

may be counseled and accompanied.

Answer

never be entitled to legal advice

Answer

do not, absent a specific exception, have the right to counsel

Answer

may get legal advice, but not in the company of attorneys

Question 9

The statute of limitations for a proceeding against a body or officer is _________ after the decision to review becomes final and binding on the petitioner, unless otherwise permitted by law.

Accepted Answer

Four Months

Answer

One Year

Answer

Thirty Days

Answer

Three Months

Question 10

If a decision is made without a good rationale or consideration of the circumstances, it is considered ______________:

Accepted Answer

Arbitrary and capricious

Answer

Not One of the following

Answer

All of the following

Answer

Misuse of judgment