NYLE - Administrative law questions with verified
answers
Are administrative inspections of private commercial properties prohibited?
Ans✓✓-Yes. Administrative inspections of private commercial properties are
prohibited by the Fourth Amendment prohibition against warrantless searches
and seizures. There is an exception for warrantless inspection of closely regulated
businesses
Are agencies entitled to deference in matters of statutory interpretation?
Ans✓✓-Yes. New York administrative agencies are entitled to deference in
matters of statutory interpretation of legislation governing the agency and in
issuing decisions within the agency's own special expertise.
Are parties able to cross-examine during administrative hearings? Ans✓✓-Yes. A
party has the right to cross-examination
Are the procedures of Article 3 mandatory? Ans✓✓-If the relevant enabling
statute specifies a hearing on the record, then SAPA demands an adjudicatory
proceeding and all of the procedures of Article 3 are mandatory upon the agency
Aside from the NYCRR where else are state rules and regulations published?
Ans✓✓-state rules and regulations are also published in the State Register
Can a court review an agency's interpretation of the law? Ans✓✓-A court's
review of an agency's interpretation of law is limited.
Can the legislature give administrative agencies lawmaking power? Ans✓✓-Yes,
the legislature can give administrative agencies lawmaking power
, Do the formal rules of evidence under the CPLR apply to administrative hearings?
Ans✓✓-No. The formal rules of evidence contained in the CPLR do not apply to
administrative hearings, but rules of privilege do, and a party has the right to
cross-examination.
Do the rules of privilege apply to administrative hearings? Ans✓✓-Yes. The rules
of privilege do apply to administrative hearings.
Does access to governmental records under the FOIL depend on the purpose for
which the records are sought? Ans✓✓-Access to governmental records under
Freedom of Information Law does not depend on the purpose for which the
records are sought
Does the agency have discretion to adopt rules of discovery under SAPA 305
Ans✓✓-Yes. Each agency may adopt rules for discovery and depositions to the
extent and in the manner appropriate to its proceedings, and the parties to the
proceedings are subject to these rules.
Does the agency have power to acquire information? Ans✓✓-Yes. Either by
investigation or subpeona
Does there need to be expressed authorisation from the legislature giving the
administrative agency power? Ans✓✓-No, there does not need to be a specific
and detailed legislative expression authorising a particular administrative act, as
long as the basic policy decision has been articulated by the legislature, the
administrative rule or regulation is not inconsistent with the statutory language or
its underlying purpose, and the administrative agency is not engaging in broad-
based policy determinations
answers
Are administrative inspections of private commercial properties prohibited?
Ans✓✓-Yes. Administrative inspections of private commercial properties are
prohibited by the Fourth Amendment prohibition against warrantless searches
and seizures. There is an exception for warrantless inspection of closely regulated
businesses
Are agencies entitled to deference in matters of statutory interpretation?
Ans✓✓-Yes. New York administrative agencies are entitled to deference in
matters of statutory interpretation of legislation governing the agency and in
issuing decisions within the agency's own special expertise.
Are parties able to cross-examine during administrative hearings? Ans✓✓-Yes. A
party has the right to cross-examination
Are the procedures of Article 3 mandatory? Ans✓✓-If the relevant enabling
statute specifies a hearing on the record, then SAPA demands an adjudicatory
proceeding and all of the procedures of Article 3 are mandatory upon the agency
Aside from the NYCRR where else are state rules and regulations published?
Ans✓✓-state rules and regulations are also published in the State Register
Can a court review an agency's interpretation of the law? Ans✓✓-A court's
review of an agency's interpretation of law is limited.
Can the legislature give administrative agencies lawmaking power? Ans✓✓-Yes,
the legislature can give administrative agencies lawmaking power
, Do the formal rules of evidence under the CPLR apply to administrative hearings?
Ans✓✓-No. The formal rules of evidence contained in the CPLR do not apply to
administrative hearings, but rules of privilege do, and a party has the right to
cross-examination.
Do the rules of privilege apply to administrative hearings? Ans✓✓-Yes. The rules
of privilege do apply to administrative hearings.
Does access to governmental records under the FOIL depend on the purpose for
which the records are sought? Ans✓✓-Access to governmental records under
Freedom of Information Law does not depend on the purpose for which the
records are sought
Does the agency have discretion to adopt rules of discovery under SAPA 305
Ans✓✓-Yes. Each agency may adopt rules for discovery and depositions to the
extent and in the manner appropriate to its proceedings, and the parties to the
proceedings are subject to these rules.
Does the agency have power to acquire information? Ans✓✓-Yes. Either by
investigation or subpeona
Does there need to be expressed authorisation from the legislature giving the
administrative agency power? Ans✓✓-No, there does not need to be a specific
and detailed legislative expression authorising a particular administrative act, as
long as the basic policy decision has been articulated by the legislature, the
administrative rule or regulation is not inconsistent with the statutory language or
its underlying purpose, and the administrative agency is not engaging in broad-
based policy determinations
