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Guaranteed Success
Primary statute for admin law in New York (SAPA) State Administrative Procedure Act
Administrative Rule Requirements Rules must be clear and coherent with simple language
Notice of Proposed Rule must be published first, contain a statement of authority,
description, impact statement, flexibility analysis, and public hearing notice filed with secretary
of state
Notice of Adoption includes revisions and assessment of public comments
Adjudicative Procedure Requirement To determine if a proceeding is required, look at the
implementing statute or if due process requires it
When does due processes require and adjudicative procedure if a property right is effected
Min due process requirements for adjudicative proceedings impartial hearing officer, notice
to be heard, determination based on the record, and reasonable timing.
statute of limitations for adjudicative proceedings there is no statute of limitations
Reasonable timing requirement for adjudicative proceedings the mere passage of time is
not enough must be unreasonable by balancing set of factors
Ex parte communications in an adjudicative proceeding no ex parte communications are
allowed on issues of fact with anyone. no exparte communications are allowed on issues of law
to the parties unless all parties agree otherwise. For issues of law and policy, seeking advice of
agency staff is okay
,Dismissal of an adjudicative hearing officer done through a motion and must show grounds
for disqualification
Grounds for disqualification of a hearing officer in an adjudicative hearing relative, former
prosecutor, pre-judgement of fact, or financial interests in the outcome
Discovery for adjudicative proceeding not required under SAPA, does not need to follow
evidentiary rules, but must respect privilege.
Revocation needs to provide basis and evidence if requested
Burden of proof in an adjudicative proceeding on the party who initiated the hearing
Standard of proof in an adjudicative proceeding support by and in accordance with
SUBSTANTIAL EVIDENCE
Heightened Standard of Proof in adjudicative proceedings some cases may require a
preponderance of the evidence if due process issues present
Right to Counsel in adjudicative proceeding parties can be represented by anyone, it does
not need to be any attorney,
Warrant requirement for agencies agencies need warrant to conduct court unless its a
closely regulated business
exclusionary rule in adjudicative proceeding does not apply per se it is decided based on
balancing test (whether searcher was acting as an agent)
,Civil rights in an adjudicative proceeding do not apply unless expressly enumerated
subpoena testificandum for a witness
subpoena duces tecum for material evidence
Agency Subpoena Power a subpoena can be obtained through the agency and does not
need to go through the court if the agency has been granted subpoena power
preconditions for Judicial review in an adjudicative proceeding standing, exhaustion of
administrative remedies, objections raised at agency level, ripeness, and finality
Standing for judicial review in an adjudicative proceeding injury in fact (harmful effect) and
zone of interest of statute
ripeness requirement for judicial review in adjudicative proceedings if further procedures
would effect the outcome it is not ripe
finality requirement for judicial review in adjudicative proceedings within 4 months
How is judicial review commenced in an adjudicative proceeding by petition
standard of review in adjudicative proceeding depends on the nature of the issue
standard of review for issues of law in adjudicative proceeding arbitrary and capricious
standard of review for issues of fact in adjudicative proceeding if after hearing- substantial
error, if without hearing- arbitrary and capricious if discretionary act- abuse of discretion
, deference in an adjudicative proceeding court gives deference to the agency if
interpretation falls under the agency
upholding of penalties in adjudicative proceeding/review penalties will be upheld unless
they shock the conscious
Public documents gov docs presumed to be public unless specific exception applies
exceptions to public document by fed/state statute, invasion of privacy, trade secrets, from
commercial entity, law enforcement, endangerment to life/safety, or non final agency
deliberations
docs exempt from disclosure by statutory privilege, trade secrets, state legislature, or critical
infrastructure information if if halls under another exception
open meeting law all meetings must be open to public with notice of meetings made public
under foil
exceptions to open meeting law executive sessions involving: litigation, investigation, real
property, or employees
General partnerships co owners of a business for profit
general partnership writing requirement written agreement not needed it can be inferred
from conduct
liability of general partnerships Each partner is exposed to personal liability. Each partner is
jointly and severally liable for torts and jointly liable for debts.
Guaranteed Success
Primary statute for admin law in New York (SAPA) State Administrative Procedure Act
Administrative Rule Requirements Rules must be clear and coherent with simple language
Notice of Proposed Rule must be published first, contain a statement of authority,
description, impact statement, flexibility analysis, and public hearing notice filed with secretary
of state
Notice of Adoption includes revisions and assessment of public comments
Adjudicative Procedure Requirement To determine if a proceeding is required, look at the
implementing statute or if due process requires it
When does due processes require and adjudicative procedure if a property right is effected
Min due process requirements for adjudicative proceedings impartial hearing officer, notice
to be heard, determination based on the record, and reasonable timing.
statute of limitations for adjudicative proceedings there is no statute of limitations
Reasonable timing requirement for adjudicative proceedings the mere passage of time is
not enough must be unreasonable by balancing set of factors
Ex parte communications in an adjudicative proceeding no ex parte communications are
allowed on issues of fact with anyone. no exparte communications are allowed on issues of law
to the parties unless all parties agree otherwise. For issues of law and policy, seeking advice of
agency staff is okay
,Dismissal of an adjudicative hearing officer done through a motion and must show grounds
for disqualification
Grounds for disqualification of a hearing officer in an adjudicative hearing relative, former
prosecutor, pre-judgement of fact, or financial interests in the outcome
Discovery for adjudicative proceeding not required under SAPA, does not need to follow
evidentiary rules, but must respect privilege.
Revocation needs to provide basis and evidence if requested
Burden of proof in an adjudicative proceeding on the party who initiated the hearing
Standard of proof in an adjudicative proceeding support by and in accordance with
SUBSTANTIAL EVIDENCE
Heightened Standard of Proof in adjudicative proceedings some cases may require a
preponderance of the evidence if due process issues present
Right to Counsel in adjudicative proceeding parties can be represented by anyone, it does
not need to be any attorney,
Warrant requirement for agencies agencies need warrant to conduct court unless its a
closely regulated business
exclusionary rule in adjudicative proceeding does not apply per se it is decided based on
balancing test (whether searcher was acting as an agent)
,Civil rights in an adjudicative proceeding do not apply unless expressly enumerated
subpoena testificandum for a witness
subpoena duces tecum for material evidence
Agency Subpoena Power a subpoena can be obtained through the agency and does not
need to go through the court if the agency has been granted subpoena power
preconditions for Judicial review in an adjudicative proceeding standing, exhaustion of
administrative remedies, objections raised at agency level, ripeness, and finality
Standing for judicial review in an adjudicative proceeding injury in fact (harmful effect) and
zone of interest of statute
ripeness requirement for judicial review in adjudicative proceedings if further procedures
would effect the outcome it is not ripe
finality requirement for judicial review in adjudicative proceedings within 4 months
How is judicial review commenced in an adjudicative proceeding by petition
standard of review in adjudicative proceeding depends on the nature of the issue
standard of review for issues of law in adjudicative proceeding arbitrary and capricious
standard of review for issues of fact in adjudicative proceeding if after hearing- substantial
error, if without hearing- arbitrary and capricious if discretionary act- abuse of discretion
, deference in an adjudicative proceeding court gives deference to the agency if
interpretation falls under the agency
upholding of penalties in adjudicative proceeding/review penalties will be upheld unless
they shock the conscious
Public documents gov docs presumed to be public unless specific exception applies
exceptions to public document by fed/state statute, invasion of privacy, trade secrets, from
commercial entity, law enforcement, endangerment to life/safety, or non final agency
deliberations
docs exempt from disclosure by statutory privilege, trade secrets, state legislature, or critical
infrastructure information if if halls under another exception
open meeting law all meetings must be open to public with notice of meetings made public
under foil
exceptions to open meeting law executive sessions involving: litigation, investigation, real
property, or employees
General partnerships co owners of a business for profit
general partnership writing requirement written agreement not needed it can be inferred
from conduct
liability of general partnerships Each partner is exposed to personal liability. Each partner is
jointly and severally liable for torts and jointly liable for debts.
