admin law (nylc)

legislature may endow admin agencies with power to fill in gaps in legislative product by prescribing rules and regulations consistent with enabling legislation

agency rule must be enacted in substantial compliance with procedural requirements of SAPA 202

public compilation of rules and regulations of all state agencies

any activity, other than rulemaking or employee discipline, in which determination is required by law to be made only on record and after hearing

party must be afforded due process protections of 14th amendment and NY constitution

do not apply in adjudicatory proceeding

-party must show some harmful effect
-interest sought to be protected must be arguably within zone of interest to be protected by statute under which agency has acted

party must attempt to obtain whatever admin relief might be available before proceeding to courts

if party to admin adjudication pursue all avenues of relief open within agency without satisfactory result, admin determination is final and ripe for judicial review

proceeding against body or officer must be commenced within 4 months after determination to review becomes final and binding upon petitioner

judicial proceedings and procedure used to challenge agency determinations

judicial review of admin actions is limited to questions of law

determination of fact made after adjudicatory hearing where evidence is taken must be made on record as whole and be supported by substantial evidence

agency's discretionary acts and policy decisions may be set aside only if there is no rational basis for exercise of discretion and act is arbitrary and capricious

taken with sound basis in reason or regard to facts

may be only set aside if such punishment constitutes abuse of discretion

any state or municipal dept, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing governmental or proprietary function for state or any one or more municipalities thereof, excluding judiciary or legislature

requires public bodies (except judicial or qual-judicial proceedings and political committees) to conduct all portions of any meeting in venues open to general public on reasonable advance notice to public, unless public body calls for executive session

may be called only by motion on majority vote of public body in public session, and motion must identify general topics to be discussed