Administrative – NYLE questions with verified
answers
Adjudication Statutory Authority: if enabling statute specifies a hearing on record,
what does SAPA demand? Correct Answer-If relevant enabling statute specifies
hearing on record, then SAPA demands an adjudicatory proceeding and all of the
procedures of art 3 are mandatory upon the agency (Gruen v Chase).
Are Admin Inspections of private commercial properties allowed? Correct
Answer-Prohibited by 4th amendment prohibition against warrantless searches
and seizure.
Discovery: how are discovery rules adopted by agencies? Correct Answer-Each
agency may adopt discover rules and depositions to extent and in manner
appropriate to its proceedings, and parties to the proceeding are subject to these
rules
Do rules of privilege apply to administrative hearings? Correct Answer-Rules of
privilege do, and a
Does a FOIL release of information depend on the purpose for which the records
are sought? Correct Answer-Access to governmental records under FOIL does not
depend on the purpose for which the records are sought. (Gould v NYC Police)
Does a party have a right to cross-examination in an administrative hearing?
Correct Answer-Party has right to cross-examination.
Hearing Rules: Does CPLR rules apply to administrative hearings? Correct Answer-
CPLR do not apply to administrative hearings, but
, How does Res Judicata and Collateral Estoppel apply to administrative
determinations? Do they apply to nominal parties? Correct Answer-Generally
applicable to quasi-judicial admin determinations that are made pursuant to
adjudicatory authority of an agency employing procedures substantially similar to
those used in a ct (ryan v NY tel co). Where party is a nominal party or did not
have a full and fair opportunity to litigate material issue before the agency, the
doctrines will not be applied.
How long does one have before initiating a proceeding against a body or officer
(art 78)? Correct Answer-Unless shorter time is provided in the law authorizing
the proceeding, proceeding against a body or officer must be commenced within
four months after determination to review becomes final and binding upon the
petitioner.
In what case are warrantless inspections allowed by administrative agencies?
Correct Answer-There is an exception for warrantless inspections of closely
regulated businesses (NY v Burger)
Is a public hearing required before adoption of the rule? Correct Answer-Public
hearing is not required before adoption of rule unless a statute specifically
requires a hearing (Rochester Gas and Elec Corp v Public Service Commission).
Is there a right to counsel in administrative hearing? Correct Answer-All persons
appearing at the hearing are accorded the right to be accompanied, represented
and advised by counsel.
May the legislature empower an administrative agency to make rules and
regulations to fill gaps? Correct Answer-legislature may endow administrative
answers
Adjudication Statutory Authority: if enabling statute specifies a hearing on record,
what does SAPA demand? Correct Answer-If relevant enabling statute specifies
hearing on record, then SAPA demands an adjudicatory proceeding and all of the
procedures of art 3 are mandatory upon the agency (Gruen v Chase).
Are Admin Inspections of private commercial properties allowed? Correct
Answer-Prohibited by 4th amendment prohibition against warrantless searches
and seizure.
Discovery: how are discovery rules adopted by agencies? Correct Answer-Each
agency may adopt discover rules and depositions to extent and in manner
appropriate to its proceedings, and parties to the proceeding are subject to these
rules
Do rules of privilege apply to administrative hearings? Correct Answer-Rules of
privilege do, and a
Does a FOIL release of information depend on the purpose for which the records
are sought? Correct Answer-Access to governmental records under FOIL does not
depend on the purpose for which the records are sought. (Gould v NYC Police)
Does a party have a right to cross-examination in an administrative hearing?
Correct Answer-Party has right to cross-examination.
Hearing Rules: Does CPLR rules apply to administrative hearings? Correct Answer-
CPLR do not apply to administrative hearings, but
, How does Res Judicata and Collateral Estoppel apply to administrative
determinations? Do they apply to nominal parties? Correct Answer-Generally
applicable to quasi-judicial admin determinations that are made pursuant to
adjudicatory authority of an agency employing procedures substantially similar to
those used in a ct (ryan v NY tel co). Where party is a nominal party or did not
have a full and fair opportunity to litigate material issue before the agency, the
doctrines will not be applied.
How long does one have before initiating a proceeding against a body or officer
(art 78)? Correct Answer-Unless shorter time is provided in the law authorizing
the proceeding, proceeding against a body or officer must be commenced within
four months after determination to review becomes final and binding upon the
petitioner.
In what case are warrantless inspections allowed by administrative agencies?
Correct Answer-There is an exception for warrantless inspections of closely
regulated businesses (NY v Burger)
Is a public hearing required before adoption of the rule? Correct Answer-Public
hearing is not required before adoption of rule unless a statute specifically
requires a hearing (Rochester Gas and Elec Corp v Public Service Commission).
Is there a right to counsel in administrative hearing? Correct Answer-All persons
appearing at the hearing are accorded the right to be accompanied, represented
and advised by counsel.
May the legislature empower an administrative agency to make rules and
regulations to fill gaps? Correct Answer-legislature may endow administrative
