NYLE-Admin Law

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

short and plain statement of the matters asserted, opportunity for hearing within reasonable time, reasonable notice of the hearing, opportunity to present written argument on issues of law and evidence on issues of fact

the specificity requirements are different in that it only need be reasonably specific, in light of all relevant circumstances, to apprise the party whose rights are being determined of the charges against him or her and to allow for preparation of an adequate defense

parties have the right to cross-examination, right to be accompanied, represented and advised by counsel; the rules of evidence do not apply, but the rules of privilege do

they apply to quasi-judicial administrative determinations that are made pursuant to adjudicatory authority of an agency employing procedures substantially similar to those used in a court of law, but not where a party is a nominal party or did not have a full and fair opportunity to litigate the material issue before the agency

they must show that the information sought in the subpoena is reasonably related to a proper subject of inquiry and that there is some basis for inquisitorial action

persons who have suffered an unfavorable administrative decision and those that have a stake in the outcome of the administrative process, but whose injury is less direct

1) some harmful effect, whether economic or non-economic AND 2) interest sought to be protect must be arguable within zone of interest to be protected by state under which agency has acted

agency actions that are challenged as either unconstitutional or wholly beyond the agency's grant of power or when resort to administrative remedy would be futile or its pursuit would cause irreparable injury, BUT unless claim is that underlying statute is unconstitutional in its entirety, the mere assertion of a violation of constitutional right does not alway avoid the exhaustion requirement

if it imposes an obligation, denies a right or fixes some legal relationship as a consummation of the administrative process, resulting in an actual, concrete injury, BUT interlocutory determinations may be reviewable if extraordinary measures exist

4 months after the termination to review becomes final and binding

Declaratory judgment under CPLR 3001

Because article 78 proceedings are special proceedings, subject to specific procedural requirements, and they are limited to question of law

rational basis or whether it was affected by an error of law or was arbitrary and capricious or an abuse of discretion

substantial evidence which is relevant proof as a reasonable mind may accept as adequate to support a conclusion

rational basis

rational basis for the exercise of discretion AND the act complained of is arbitrary and capricious meaning "taken without sound basis in reason or regard to the facts"

if the punishment constitutes abuse of discretion; however, the penalty must be upheld unless it is so disproportionate to the offense in light of all the circumstances as the shock one's sense of fairness

Open Meetings Law

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