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NY Bar Exam - Admin Law
Admin law

Additional Law Flashcards





any government body other than the legislature or courts that has hte power to alter the legal rights and duties of private parties.


agenices = any department, board, bureau, commission etc with at least one member appointed by the governor an dhas the power to make rules or adjudicate disputes.

Limitations on Legislative delegation Test

four factors

1) agency made independent blancing of competing costs and benefits in way suggests agency acting on own ideas

2) agency created its own comprehensive set of rules without legislative guidance.

3) challenged rule governs an area in which legislature has repeatedly tried to reach agreement in face of substnatial public debate

4) development of rule required no particular expertise on part of agency.

Rulemaking Power

1) stated in general terms

2) could apply to relatively large group of people

3) meant to by applied in future

4) based on general facts about the work (scientific, stat, or policy considerations)

Adujudication Power

1) involves application of existing rules to particualr cases

2) applies to one person or a relatively small number of people.

3) determine legal consequences of acts or occurances that took place in the past

4) based on particular facts.

SAPA definition of Rule

an agency statement , regulation or code of general applicability that implements or applies law. 


- includes establishing fees rates or wages.

SAPA defintion of adjudication

any action which is not rulemaking proceeding in which a determination of legal rights duties or privileges of named parties is required.

- to be made on a record AND after opportunity for a hearing

- includes licensing.

Discovery/Investigation Techniques

1) subpoenas - both persons and documents  if i) statutory authority ii) authentic facutal basis for investigation and iii) way to show that evidence sought is reasonably related to subject of inquiry.


2) admin searches (subject to 4A) requires warant 

- exception heavily and pervasively regulated industries are valid so long as i) gov has substnatial interest to justify and ii) regulatory scheme in place is substitute for warrant. 

- NY requires that serach aimed at enforcing criminal laws must be accomaniedby warrant even if admin.

Adjudicatory Proceeding Requirements

1) notice: time, place, nature; legal authority and jurisdiction and any matters of fact or law agency plans to assert.

2) Discovery: SAPA does NOT require

3) Right to Counsel: but not gov provided

4) Rules of Evi: more relaxed, must rec privilege and can take official notice of facts within agency i) specialized knowledge or ii) what judical notice would allow. 

5) presiding officers: ALJs 

6) Burden on intiating party to prove substantial evidence in light of entire record(POE)

Rulemaking Procedure

1) authority under enabling statute

2) Notice to Sec of state for publication for public hearings, text CBA and deadlines etc.

3) comment: must give public opportunity to submit written comments on rule for 45 days (expires if 365 days)

4) Adopting: must respond to major issues and signifncat altenratives in assessment.

- can revises during comment period if change is substantial must restart if not then adopt and explain.

Exceptions to Notice/Comment

1) emergency for pubic health safety gen welfare. (only 90 days can be renewed 60 days)

2) interpretive rules merely clarify existing rules no new legal rights or obligations.

3) statements of general policy: predictions aout how agency will enforce mandate not binding on agency or public.

4) rules concerning internal management of agency.

Article 78 Proceedings

- way to obtain judicial review for

1) to require agency/officer to perform miniterial duty

2) stop agency/officer form taking action beyond its powers or unlawful 

3) to review legality of agency's adjudicative action. 

Judicial Review Limitations

1) standing requirement applies (not constituion only statute inNY) i) injury ii) causation iii) redressability

+ iv) zone of interest requirement.

2) Final Order Requirement: only if i) action marks consumation of agency's decision making process and ii) action alters someones rights or duties (exception for writ of prohibition)

3) Exhaustion Requiremnet: exhausted all relif from agency UNLESS

- claim is constitution or can show agency biased or futile to persue and cause irreparable harm.

4) Ripeness: issues must be fit for jduicial resolition and party challenging must show suffer harship

Judicial Standards of Review

1) formal adjudicatory proceeding : substantial evidence standard. upheld so long as they are supported by substantial evidence viewing in light of entire record. 

- ALJ given great weight by court

2) Informal Proceeding: arbitrary and capricious

Judicial deference to agency interpretation of law

appropriate when 

1) meaning of statute is unclear

2) agency has interpreted statute that it is in charge of adminstering, AND

3) issue involved is tehcnical one that involves agencies expertise.

- if deference applies than court must uphold agency's legal interpretation so long as not irrational or unreasonable.

Discretionary Policy Judgments

Reviewed: arbitraty and capricious but requires reasoned decision making taking into acocunt all relevant factors and data including why not alternatives.

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