When a charge of unconstitutionality based on factual disputes surrounds an agency action:

The state court and administrative levels must both establish the record.

State courts are required to establish the record.

The state court or administrative level may establish the record.

The administrative level is where the record needs to be established.

Correct! Wrong!

When examining agency conclusions about facts reached in the absence of a formal adjudicatory process, the court has to decide if the conclusion was arbitrary and capricious or had a _________ basis.

Wide

Significant

Rational

Narrow

Correct! Wrong!

By establishing rules and regulations, the legislature may give administrative agencies the authority to close any gaps in the legislative output.

In keeping with the remarks made by the legislators

In accordance with the administrative agency's judgment

That are neither haphazard nor irrational

In line with the enabling legislation

Correct! Wrong!

In an administrative action, discovery consists of:

Under the Agency's established regulations

In charge of the CPLR

In charge of the NYCRR

Controlled by the enabling legislation

Correct! Wrong!

Which of the following is NOT need to be included in the adoption notice?

None of the following

Everything mentioned

Date the rule went into effect

Evaluation of public feedback on the rule

Correct! Wrong!

Administrative investigations may be carried out by agencies, and subpoenas may be issued:

Provided that their enabling statutes implicitly permit

If required to fulfill the goals of the agency

Unless specifically permitted by their enabling statutes

Everything mentioned above

Correct! Wrong!

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The judicial process and procedure used to contest agency decisions are outlined in Article ____ of the CPLR.

Correct! Wrong!

Attendees at an administrative hearing:

may be counseled and accompanied.

never be entitled to legal advice

do not, absent a specific exception, have the right to counsel

may get legal advice, but not in the company of attorneys

Correct! Wrong!

The statute of limitations for a proceeding against a body or officer is _________ after the decision to review becomes final and binding on the petitioner, unless otherwise permitted by law.

One Year

Thirty Days

Three Months

Four Months

Correct! Wrong!

If a decision is made without a good rationale or consideration of the circumstances, it is considered ______________:

Not One of the following

All of the following

Misuse of judgment

Arbitrary and capricious

Correct! Wrong!

According to the theory of separation of powers, the legislative

can assign one of its designated officers from an administrative agency the authority to make laws.

can, to a certain extent, assign its legislative authority to any administrative body.

can freely assign its legislative authority to any administrative body.

unable to transfer its legislative authority to an administrative body

Correct! Wrong!

When a charge of unconstitutionality based on factual disputes surrounds an agency action:

When examining agency conclusions about facts reached in the absence of a formal adjudicatory process, the court has to decide if the conclusion was arbitrary and capricious or had a _________ basis.

By establishing rules and regulations, the legislature may give administrative agencies the authority to close any gaps in the legislative output.

In an administrative action, discovery consists of:

Which of the following is NOT need to be included in the adoption notice?

Administrative investigations may be carried out by agencies, and subpoenas may be issued:

The judicial process and procedure used to contest agency decisions are outlined in Article ____ of the CPLR.

Attendees at an administrative hearing:

The statute of limitations for a proceeding against a body or officer is _________ after the decision to review becomes final and binding on the petitioner, unless otherwise permitted by law.

If a decision is made without a good rationale or consideration of the circumstances, it is considered ______________:

According to the theory of separation of powers, the legislative

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