Administrative – NYLE UPDATED
ACTUAL Exam Questions and CORRECT
Answers
Power to Make: SOP Doctrine: May the legislature delegate lawmaking to an administrative
agency? - CORRECT ANSWER - legislature cannot delegate lawmaking to an
administrative agency;
May the legislature empower an administrative agency to make rules and regulations to fill gaps?
- CORRECT ANSWER - legislature may endow administrative agency with power to fill
gaps in legislative product by making rules and regulations consistent with enabling legislation
Statutory Procedure: SAPA: How must an agency rule or regulation be enacted? - CORRECT
ANSWER - Agency rule or reg must be enacted in substantial compliance with procedural
requirements of SAPA.
What must agency do prior to adopting rule? - CORRECT ANSWER - Prior to adoption of
rule, agency must submit notice of proposed rule to Sec of State for publication in State Register
and afford public an opportunity to submit written comments on the proposed rule.
What must notice include? - CORRECT ANSWER - Notice must include, among other
information: statement of statutory authority for the rule; complete text of proposed rule or, if
rule exceeds certain length, a description of the rule and website where full text is posted; a
regulatory impact statement and flexibility analysis; and the date, time, and place of any public
hearings.
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).
When does rule become effective? - CORRECT ANSWER - Rule not effective until filed
whit Sec of State and notice of adoption is published in State Register.
, What is the NYCRR? - CORRECT ANSWER - Published compilation of rules and
regulations of all state agencies; State Register as well.
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).
What conditions must agency provide? - CORRECT ANSWER - Agency must provide
party with hearing on the record before an impartial officer having power to administer oaths and
issue subpoenas, it must keep a complete record of the proceedings and the final determination
must be in writing and include findings of fact and reasons for the decision.
What are Due Process Requirements of administrative proceeding? - CORRECT
ANSWER - party to admin proceeding must be afforded due process protections of 14th
amend of nys const, a short plain statement of matters asserted; an opportunity for hearing within
reasonable time, reasonable notice of hearing; an opportunity to present written argument on
issues of law and evidence on issue of fact.
What is the due process specificity requirement of an administrative proceeding? - CORRECT
ANSWER - Unlike specificity requirement of an indictment in criminal proceeding, the
due process required for admin misconduct need only be reasonably specific in light o all the
relevant circumstances to apprise the party whose rights are being determined of the charges
against him/her and to allow for preparation of an adequate defense (Block v Ambach)
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
Hearing Rules: Does CPLR rules apply to administrative hearings? - CORRECT
ANSWER - CPLR do not apply to administrative hearings, but
ACTUAL Exam Questions and CORRECT
Answers
Power to Make: SOP Doctrine: May the legislature delegate lawmaking to an administrative
agency? - CORRECT ANSWER - legislature cannot delegate lawmaking to an
administrative agency;
May the legislature empower an administrative agency to make rules and regulations to fill gaps?
- CORRECT ANSWER - legislature may endow administrative agency with power to fill
gaps in legislative product by making rules and regulations consistent with enabling legislation
Statutory Procedure: SAPA: How must an agency rule or regulation be enacted? - CORRECT
ANSWER - Agency rule or reg must be enacted in substantial compliance with procedural
requirements of SAPA.
What must agency do prior to adopting rule? - CORRECT ANSWER - Prior to adoption of
rule, agency must submit notice of proposed rule to Sec of State for publication in State Register
and afford public an opportunity to submit written comments on the proposed rule.
What must notice include? - CORRECT ANSWER - Notice must include, among other
information: statement of statutory authority for the rule; complete text of proposed rule or, if
rule exceeds certain length, a description of the rule and website where full text is posted; a
regulatory impact statement and flexibility analysis; and the date, time, and place of any public
hearings.
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).
When does rule become effective? - CORRECT ANSWER - Rule not effective until filed
whit Sec of State and notice of adoption is published in State Register.
, What is the NYCRR? - CORRECT ANSWER - Published compilation of rules and
regulations of all state agencies; State Register as well.
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).
What conditions must agency provide? - CORRECT ANSWER - Agency must provide
party with hearing on the record before an impartial officer having power to administer oaths and
issue subpoenas, it must keep a complete record of the proceedings and the final determination
must be in writing and include findings of fact and reasons for the decision.
What are Due Process Requirements of administrative proceeding? - CORRECT
ANSWER - party to admin proceeding must be afforded due process protections of 14th
amend of nys const, a short plain statement of matters asserted; an opportunity for hearing within
reasonable time, reasonable notice of hearing; an opportunity to present written argument on
issues of law and evidence on issue of fact.
What is the due process specificity requirement of an administrative proceeding? - CORRECT
ANSWER - Unlike specificity requirement of an indictment in criminal proceeding, the
due process required for admin misconduct need only be reasonably specific in light o all the
relevant circumstances to apprise the party whose rights are being determined of the charges
against him/her and to allow for preparation of an adequate defense (Block v Ambach)
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
Hearing Rules: Does CPLR rules apply to administrative hearings? - CORRECT
ANSWER - CPLR do not apply to administrative hearings, but
