Article 78
This is one of the orders that Article 7801 says it does not cover.
What are: 1) non-final orders, or 2) orders otherwise subject to appellate review, or 3) orders in a civil or criminal case, except summary contempt.
This is less than a preponderance, requiring only that an inference is reasonable.
What is substantial evidence? (Miller v. DeBuono)
This constitutional clause requires evidentiary hearing before termination of public benefits.
What is the Due Process Clause? (Goldberg)
Before pre-termination hearings, due process requires this and this.
What is adequate and timely notice of the grounds and opportunity to be heard? (Goldberg)
Art. 7804 requires service of these documents to commence an Art. 78 action
What are a verified petition and affidavits?
An agency is presumed to have this regarding the statutes it implements.
What is expertise? (Lynbrook)
This statute applies to NY adjudicatory hearings required by law to be made on the record.
What is SAPA? (Charles)
Prior to the termination of Social Security disability benefit payments, due process does not require this.
What is an opportunity for evidentiary hearing? (Matthews)
This is the first of the four questions that Article 7803 allows in an Art. 78 proceeding.
What is failure to perform a duty enjoined upon a body or officer by law?
DHCR must apply policy modifications in this direction in time.
What is prospectively? (Peckham)
This statute doesn't apply to university disciplinary hearings in New York.
What is SAPA? (Gruen)
When an adjudication results in a change to agency position, it must do this in its opinion.
What is display awareness? (Fox)
Art. 7804 says this is the minimum number of days an Art. 78 proceeding must be commenced before the hearing.
What is 20 days?
In Charles, the Court said an agency decision must do this, even if there is substantial evidence.
What is explain its reasoning?
This statute doesn't require a more substantial explanation when federal agency action changes prior policy.
What is the APA? (Fox)
This is one of the four factors cited in Lucia for determining who is an "officer" under the Appointments Clause.
What is: 1) take testimony, or 2) conduct trials, or 3) rule on the admissibility of evidence, or 4) have the power to enforce compliance with discovery orders?