question
Rulemaking (2 Considerations)
answer
Power to make, and
Statutory procedures
Statutory procedures
question
Publication of Rules (2 Places)
answer
NY Code, Rules and Regulations (NYCRR), and
The State Register
The State Register
question
Adjudication (5 Considerations)
answer
Defined / Basic Requirements,
Due Process requirements,
Discovery,
Hearings (evidence, burden of proof, right to counsel), and
Res judicator and collateral estoppel effect
Due Process requirements,
Discovery,
Hearings (evidence, burden of proof, right to counsel), and
Res judicator and collateral estoppel effect
question
Preconditions to Judicial Review (4):
answer
Standing,
Exhaustion of administrative remedies,
Ripeness/finality, and
SOL
Exhaustion of administrative remedies,
Ripeness/finality, and
SOL
question
Public Disclosure (3 Considerations)
answer
Freedom of Information Law ("FOIL"),
Open Meetings Law, and
Reporting/Recordkeeping, Requirements
Open Meetings Law, and
Reporting/Recordkeeping, Requirements
question
Judicial Review (2 Considerations)
answer
First, did persons meet all preconditions to judicial review (4)?
Standing,
Exhaustion,
Ripeness/Finality, and
SOL
Second, what basis of review is needed (4)?
Procedural Basis of Review, Determinations of Law,
Determinations of Fact, and
Discretionary Determinations
Standing,
Exhaustion,
Ripeness/Finality, and
SOL
Second, what basis of review is needed (4)?
Procedural Basis of Review, Determinations of Law,
Determinations of Fact, and
Discretionary Determinations
question
Judicial Review - Review of Agency Actions (4 Considerations)
answer
Procedural Basis of Review, Determinations of Law,
Determinations of Fact, and
Discretionary Determinations
Determinations of Fact, and
Discretionary Determinations