New York Bar Exam Preparation Administrative Law Revision Notes

1. ADMIN LAW: RULES RE POWERS PROCEDS OF ADMIN. AGENCIES
2. AGENCY: GOVNMTAL UNIT CREATED BY LEGISLATURE TO OVERSEE PARTIC. AREA OF LAW. E.G. NYS DPT OF HEALTH; NYS LIQUOR AUTH.; NY RACING ASSOC; NYS OFFICE OF GEN. SERVICES.

PRINCIPAL FUNCTIONS: i) QUASI-LEGISLATIVE = CRET. RULES TO GIVE PPL GUIDELINES, REG. PARTIC. AREA OF L, PURSUANT TO POWERS DELEGATED TO IT BY LEGIS. ii) QUASI-JUDIC. – ADVERSARY CONTEST B/W AGENCY + INDIVID. / ENTITY SUBJECT TO AGENCE (E.G. SUSPENSION/ REVOC. OF GOVNMTL BENEF. / LICENSE- DETERM. IF REG. RULE VIOLATED

1. NY REGISTER: WEEKLY PUBLIC. OF NYS, CONTAINS INFO ON PROPOSED RULES & AGENCY ATIV.
2. NY CODES, RULES, & REGS (NYCRR) COMPILATION OF STATE AG. RULES
3. STATE ADMMIN. PROCEDURE ACT (SAPA) – NYS STAT. GOVERN. PROCEDURES, MOST NY AG. MUST FOLLOW
4. RULE MAKING:
5. OVERVIEW OF RULE ADOPT. PROCESSà MUST ADOPT IN ACC. W SAPA +LEGIS. MAY IMPOSE ADD. STANDARDS. TO PROPOSE NEW, ADOPT /REPEAL EXISTING: 1. PUBLISH NOTICE OF PROPOSED RULEKAMKING IN NY STATE REG. 2. RECEIVE + CONSIDER PUBLIC COMMENT ON PROP. RULE & 3. FORMALLY ADOPT RULE BY a) PUBLISHING IN NYCRR; AND PUBLISH NOTICE OF ADOPT. IN NYS REGISTER.
6. COMMON ISSUES RE RULE MAKING. 1. HEARING =IF STAT. REQ= YES; IF NOT=NO. IF STAT. REQ. +NO HEARING = RULE VOID. ; 2. NOTICE OF PROP. RULE: PUBLIC.OF NOTICE MUST BE AT LEAST 45 DAYS BEFORE PROPOSED DATE OF ADOPT. OR PROP. HEARING DATE (IF REQ.). MINIMUM PERIOD FOR PUBLIC COMMENT= 45 DAYS. ;
7. NOTICE OF PROP. RULE MAKING: CONTENTSà (a) STATUTORY AUTH. FOR PROP. RULE; (b) DATE, TIME, PLACE OF PUB. HEARING RE ADOPTION (IF REQ) ; (c) DEADLINE FOR SUBMISS. OF COMMENTS: (d) COMPLETE TEXT FOR PROP. RULE OR IF >2000 WORDS à SUMMARY OF RULE; AND (e) REGULATORY IMPACT STAT/NTà EXPLAINS NEED, PROJECTED BENEF. + COSTS ASSOC. W IMPLEMENT.
8. ADOPTION/ WITHDRAWAL: AFTER COMMENT PERIOD ENDS, AG. THAT PROPOSED MAY (a) ADOPT (i) BY PUBLISHING IN NYCRR ; AND (ii) PUBLISH NOTICE OF ADOPT. IN NY STATE REG. OR (b) WITHDRAW BY PUB. NOTICE OF WITHDRAWAL IN NYS REG. OR (c) MODIFY BY (a) PUBLISH NOTICE OF REVISED RULE IN NY S REG. AND (ii) ACCEPT COMMENTS ON REVISED RULE FOR AT LEAST 30 DAYS
9. EMERGENCY RULESà IF NEEDS TO ACCELERATE = MEET STANDARD à a) AG CAN DISPENSE W ALL/ PART OF PROPOSAL REQ. IF IMMEDIATE ADOPT. (ii) IS NECESSARY TO PRESERVE PUB. HEALTH, SAFETY. GEN. WELFARE ; AND (ii) COMPLIANCE W REQ. WOULD BE CONTRARY TO PUB. INTEREST. b) ADOPTION PROCEDURE: AG MUST PUB. NOTICE OF EMERG. ADOPTION IN NY S REG. ; OR (ii) IF ADOPT + BEGIN FORMAL PROPOSAL à PUBLISH COMBINED NOTIICE OF EMERG. ADOPTION + PROPOSED RULEMAKING. c) TIME LIMITSà IF EMERG. BASIS= IN EFFECT 90 DAYS, MAY RE-ADOPT FOR 60 DAYSIF FORMAL PROPOSAL BEGAN BY OR BEFORE.
10. JUDICIAL REVIEW OF RULES: (a) PRECONDITIONS: PERSON/ENTERPRISE MAY PETITION FOR JUD. REVIEW IF (a) PETITIONER= SUBJECT TO / DIRECTLY AFFECTED BY RULE = HAS STANDING. (ii) PETITIONEDà FILED REQUEST W AGENCY TO PASS ON VALIDITY / APPLICABILITY OF RULE & (a) AGENCY HAS TAKEN ACTION ON REQUEST OR (b) AG. FAILED TO TAKE ACTI. & 30 DAYS ELAPSED SINCE REQ. WAS FILED. (b) GROUNDS (i) RULE VIOLATES CONSTITUT. PROVISION; (ii) RULE W/O STAT. AUTHORITY; OR (iii) RULE HAS BEEN ADOPTED W/O SUBSTANT. COMPLIANCE W REQUIRED RULEMAKING PROCEDURE à MUST BE JUDICIALLY CHALLENGED W/N 4 MONTHS OF RULE’S EFFECT. DATE (iii ONLY) (c) NATURE OF PROCEEDING. PETITION FOR REVIEW BROUGHT AS DECLARATORY JUDG/NT OR ARTICLE 78 PROCEED. DECLARATORY JUDG/NT = APPROPRIATE VEHICLE FOR SHALLENG. VALID. OF RULE.

III. AGENCY ADJUDICATION A. INCL. 1) IMPOSE FINE / OTHER SANCTION B/C PERSON/ENTERPR. VIOLATED REG. STAT/RULE; 2) SUSPEND/ REVOKE LICENSE TO ENGAGE IN PROFESSION (OR DENYING REQ. FOR LICENSE); 3) DENY / SUSPEND BENEFIT TO PERSON (EMPLOYMENT BENEF./ WORKMAN’S COMPENSATION)

1. PRELIM. CONSIDERATION àMUST FOLLOW SAPA. 1. ADJUD. PROCEED= ANY ACT. WHERE DETERM. MADE BY AG. IN RE LEGAL RIGHT, DUTIES/ PRIIVILEGES OF NAMED PTIES & AG. REQ. BY LAW TO MAKE SUCH DETERM. ONLY ON RECORD & AFTER OPPORTUNITY TO BE HEARD. 2. AG. SUBJECT TO SAPA – SAPA EXCLUDES FROM DEFINITION: DISCIPLINARY PROOCEED. AG/NST AG. EMPLOYEES; AND HEARINGS ON TRAFFIC INFRACTIONS
2. SAPA HEARING REQ: CONDUCTED IN ACC. W SAPA, BUT EVIDENTIARY RULES NOT OBSERVED IN AG. ADJUD. (UNLESS REQ.) SO IT’S OK TO: 1. HEARING OFFICER TO RELY ON HEARSAY EVIDENCE; 2. SUBMIT EVIDENCE IN FORM OF COPIES/ EXCERPTS; AND 3. OFFICIAL DOCS NOT AUTHENTICATED

IF AG. FAILED TO GIVE REASONABLE NOTICE: MUST GIVE ALL PTIES NOTICE OF HEARING INCL (a) STAT/NT OF TIME, PLACE, & NATURE OF HEARING ; (b) LEGAL AUTH. & JURIS UNDER WHICH HEARING IS TO BE HELD; (c) REF. TO PARTICULAR SECTIONS OF STATS & RULES INVOLVED IF POSSIBLE ; AND (d) SHORT & PLAIN STAT/NT OF MATTERS ASSERTED

1. PRESIDING OFFICER BIASED (a) EVIDENCE à (i) IF PERSONAL/ BUSINESS REL/SHIP W 1 OF PTIES; (ii) HAS PERSONAL INTEREST IN ADJUD. MATTER ; (iii) PREJUDGES CASE(BEFORE HEARING. (b) INSUFF. EVIDENCE: (i) IF RULED AG/NST YOU IN PRIOR PROCEED.; OR (ii) IF PRESIDED OVER SIMILAR CLAIM/ DEFENSE /PTY. (c) RAISING OBJECTION (i) AFFIDAVIT REQ. (FILE AFFID. OF PERSONAL BIAS/ DISQUALIFICATION OF PRES. OFFICER)à AG. DETERMINES MATTER ON RECORD, DETERM. SUBJECT TO JUDIC. REVIEW @ END OF HEARING. (ii) BURDEN OF PROOF à PERSON ALLEG. BIAS MUST COME F/WARD & SHOW BIAS + ON APPEAL MUST PROVE ADMIN. OUTCOME=RESULT OF BIAS.
2. HEARING NOT PROPERLY PROPERLY CONDUCTED: (a) EX PARTE COMMS: HEAR. OFF. ≠ COMM. DIRECTLY/ UNDIRECTLY W ANY PERSON / PTY / HIS REP IN CONNECT. W ISSUE OF FACT UNLESS NOTICE IS GIVEN OF OPPORTUNITY FOR ALL PTIES TO PTCPATE. (b) CONSIDERATION OF OUTSIDE EVIDENCE: CAN’T DO! BUT CAN IF (i) JUDICIALLY NOTICED ; (ii) W/N SPECIALISED KNOWLEDGE (SCIENTIF/ TECHNICAL) OF AG. ALL OTHER OUTSIDE INFO (INFO ≠ RECORD)à HEAR. OFF à GIVE ALL PTIES NOTICE & OPPORT. TO DISPUTE FACT/ ITS MATERIALITY PRIOR ADJUDIICATION   (c) PROCEED. &/ DECISION ≠ ON RECORD: AG. MUST COMPLETE RECORD OF HEAR. INCL: (i) NOTICES, PLEADINGS, MOTIONS & INTERMED. RULINGS; (ii) COMPLETE REC. OF ALL EVIDENCE PRESENTED; (iii) STAT/NT OF ALL MATTERS OFFIC. NOTICED (EXCEPT OBVIOUS) & (iv) FINAL DECISION (SUB. TO APPEAL)                   (d) FINAL DECISION: (i) MUST IN WRITING/ STATED IN REC.; AND (ii) INCL. FINDINGS OF FACT & CONCL. OF LAW
3. JUDIC. REVIEW OF AG. ADJUD.A. PRECONDITIONS: 1. HAVE STANDING à (a) PTY AG/NST WHOM AG. ACTION WAS BROUGHT ( PTY SEEK. REVIEW = ADVERSELY AFFECTED BY DECISION); OR (b) ANY1 ELSE ADVERS. AFFECTED BY DECISION (E.G. NEIGHBOUR) 2. EXHAUSTION OF ADMIN. REMEDIES/ FINALITYà AG. RENDERED FINAL DECISION & PETITIONER EXHAUSTED ALL AVIL. ADMIN. REMEDIES.
4. GROUNDS FOR ART. 78 PROCEED: 1. AG. FAILED TO PERFOORM DUTY REQ. BY LAW; 2. AG. IS PROCEED. W/O / IN EXCESS OF ITS JURIS. ; 3. PETITIONER SEEKING REVIEW OF DETERM. ON GROUNDS THAT DETERM: (a) MADE IN VILATION OF LAWFUL PROCEDURE; (b) WAS AFFECTED BY ERROR OF LAW; (c) WAS ARBITRARY & CAPRICIOUS ; OR (d) WAS ABUSE OF DISCRETION. #3 APPROP. WHEN CHALLENGE IS NOT BASED ON SUFF. OF EVIDENCE BUT ON LEGAL ISSUE, SUCH AS AG. INCORRECTLY INTERPRETED STAT./RULE. 4. PETITIONER SEEKING REVIEW MADE AFTER HEARING(WHERE EVID. WAS TAKEN) ON GROUND STHAT DETERM. ≠ SUPPORTED BY SUBSTANT. EVIDENCE à TYPICAL GROUND, APPROP. WHEN DETERMINATION NOT BASED ON SUBSTANT. EVIDENCEà PRINCIPAL VEHICLE.
5. ART. 78. 1. STAT. OF LIMIT: COMMENCE W/N 4 MONTHS AFTER AG. DETERM. FINAL & BINDING ON PETIT. COMMENCEMENT BY FILING PAPERS W COURT. PETITION W NOTICE OF PETITION / ORDER TO SHOW CAUSEà SERVED W/N 15 DAYS AFTER STAT. OF LIMIT. DUE TO EXPIRE. 2. SPECIAL PROCEED= ART.78 = STREAMLINED FORM OF ACTION OUTLINED IN ART. 4 OF CPLR. à MORE LIKE MOTION THAN FULL-FLEDGED ACTION. (a) PAPERS: VERIFIED PETITION OF PET/ER + AFFIDAVITS/ OTHER WRITTEN PROOF; (ii) VERIFIED ANSWER BY AG. + PERTINENT& MATERIAL FACTS + GROUNDS OF RESPOND.’S ANSWER INCL. CERTIFIED TRANSCRIPT & (iii) REPLY àWHEN COUNTERCLAIM ALLEGED OR “NEW MATTER IN ASNWER OR WHEN ACCURACY OF PROCEED. ANNEXED TO ANSWER DISPUTED.”   (b) SERVICE OF PAPERS: NOTICE OF PET. + PET. + AFFIDAVITSàAT LEAST 20 DAYS BEFORE TIME @ WHICH PET. IS NOTICED UNLESS COURT OTHERWISE.;  ANSWER& SUPPORT. AFFIDAVITSà AT LEAST 5 DAYS BEFOREHAND.; REPLYà AT LEAST 1 DAY BEFOREHAND.                   (c) HEARING & EVIDENCE à DETERMINED ON PAPERS FILED W COURT. ART.78= LIMITED DISCOVERY & TRIALS OF FACT, HAPPENS WHEN PET. CHALLENG. AG. ACTION FOR WHICH ADMIN. RECORD WAS NOT REQUIRED.    (d) STANDARD OF REVIEW: IF DETERM. NOT ON SUBSTANT. EVIDENCE à FINDING UPHELD IF RELEVANT PROOF THAT REASONABLE MIND MAY ACCEPT TO SUPPORT CONCLUSION OR REASONABLE FACT. CONCL. = REASONABLE & PLAUSIBLE, ≠ PROBABLE.
6. COURT: IF SUBSTANT. EVIDENCE Q NOT RAISES = ENTIRE PROCEEDING TRIED BY SUPREME COURT. ; IF RAISED à SUPREME COURT MUST DESPOSE OF QS THAT COULD TERMINATE PROCEED (LACK OF JURIS, STAT. OF LIMIT., RES JUDICATA) W/O REACHING SUBSTAN. EVIDENCE ISSUE. IF OKà TRANSFERRED TO APPELLATE DIVISION.
7. JUDG/NT. COURT MAY ANNUL, CONFIRM, MODIFY AG. DETERM. / REMAND PROCEED. TO AG. FOR RECONSIDERATION / FURTHER PROCEED.
8. INVESTIGATION- AG. POWER TO ACQUIRE INFO
9. AG. MAY SEEK FOR INFO FROM PERSONS. BUSINESSES SUB. TO JURIIS BY INSPECT HOMES & BUSINESSES & ISSUING SUBPOENAS REQ. PRODUCTION OF RECS & DOCS.
10. SEARCHES: 1. RIGHT TO ENTER = SUB. TO 4TH AMENDMNT AG/NST UNREASONABLE SEARCHES & SEIZURES. MAY CONDUCT AS PART OF ROUTINE INSPECT./ PART OF INVESTIG. RESPONDING TO COMPLAINT. 2. WARRANT REQUIRED UNLESS EXCEPTION (CONSENT, EXIGENT CIRCUMST. EXCEPTION, + HEAVILY REGULATED BUSINESSES).               3. STANDARD OF ISSUANCE OF WARRANT. (a) PROBABLE CAUSE BASED ON SPECIFIC EVIDENCE OF EXIST. VIOLATION; OR (b) SPECIFIC BUSINESS CHOSEN ON BASIS OF GENERAL ADMIN. PLAN FOR ENFORCEMENT DERIVED FROM NEUTRAL SOURCES.                          4. EXCEPTION TO WARRANT: PUBLIC BUSINESS PREMISES à IF OPEN TO PUB.= W/O CONSENT / WARRANT + ACT UPON OBSERVATIONS.; 5. HEAVILY REG. BUSINESSES OK IF REASONABLE à (a) CONDUCTED ACC. TO REGULAT. SCHEME THAT ADVANCES SUBSTANT. GOV. INTEREST ; (b) NECESSARY TO FURTHER THAT SCHEME ; AND (c) PROGRAM MUST PROVIDE CONSTIT. ADEQUATE SUBSTIT. FOR WARRANT BY (i) ADVISING OWNER OF PREMISES THAT WILL BE SUB. TO PERIODIIC INSPECTION; AND (ii) LIMITING INSPECTING OFFICER’S DIISCRETIONS W TIME, PLACE, MANNER. HEAV. REG. BUS.: AUTO-WRECKING BUSINESS; MINES ; FIREARMS DEALERS ; LIQUOR DEAL
11. EXCLUSIONARY RULE RARELY APPLIES: IF EVIDENCE FROM UNLAWFUL SEARCH à COURT BALANCES SOCIAL BBENEFITS FROM EXCL. EVIDENCE (DETERRENCE) AG/NST COSTS (LOSS OF PROBATIVE EVIDENCE)/ TYPICALLY IN FAVOUR OF ADMITTING EVIDENCE.
12. SUBPOENAS: 1. MAY ISSUE IN CONNECT. W INVESTIG. OF POSSIBLE VIOLATIONS OF STATS & RULES THAT IT IS AUTH. TO ENFORCE = NON-JUDICIAL (INVESTIGATIVE) SUBPOENAS. + PRES. OFFICER IN ADMIN ADJUD. MAY ISSUE SUBP @ REQUEST OF PTY, REQ. PERSONS TO APPEAR @ HEARING & PRODUCE DOCUMENT. EVIDENCE. 2. MAY ISSUE IF: (a) HAS AUTH. TO ENGAGE IN INVESTIG.; (b) EVIDENCE SOUGHT=REASONABLY RELATED TO INVEST. + (c) AUTHENTIC FACTUAL BASIS TO WARRANT PARTIC. INVEST. 3. SUBPS BASED ON 3RD PTY COMPLAINT: MUST ESTABLISH AUTHENTICITY BY (a) RELIABILITY OF COMPLAINT; (b) BASIS OF COMPL’S KNOWLEDGE; AND (c) AUTHENTICATING DETAIL FOUND IN COMPLAINT.                4. QUASHING SUBP. MOTION TO QUASH ASSERTING: (a) SUBP. NOT VALIDLY ISSUED; (b) ISSUING AG. = NO JURIS. OVER MATTER INVESTIGATED; (c) MATERIAL NOT RELEVANT TO INVESTIG. ; OR (d) SUBP. =BORDENSOME/ OVERBOARD
13. PUBLIC DISCLOS. OF AG. DETERMINATIONS & OTHER INFO.
14. OPEN MEETINGS LAW 1. REQ: (a) OPEN TO PUBLIC (UNLESS QUALIFY FOR EXEC. SESSION); (b) NOTICE IN ADVANCE: à TIME, PLACE & DATE; IF SCHED. 1 WEEK + AT LEAST 72 HOURS NOTICE, ALL OTHER =REASONABLE TIME BEFORE MEETING (NO SET TIME). + NEWSMEDIA & PUBLIC + POST ON WEBSITEà POST IN 1 /MORE DESIGN. LOCATIONS & WHEN POSSIBLE ONLINE. (c). MINUTESà MADE AVAIL. TO PUBLIC W/N 2 WEEKS AFTER MEETING, OR 1 WEEK AFTER EXEC. SESSION.
15. PUBLIC BODIES SUB. TO OPEN MEETINGS LAW (a) GOV. BODY + FORMAL ACTION BY ADOPT. RESOLUTIONS & SUBJECT TO QUORUM REQS. (CANNOT ADOPT RESOLUTIONS UNLESS QUORUM PRESENT)à CITY COUNCILS, TOWN BOARDS, COMMITTEES ETC. (b) EXEPMTIONS: (i) JUDICIAL / QUASI-JUDICIAL MEETINGS (INCL. AG. ADJUD.) OTHER THAN PUBLIC SERVICE COMMISSION & ZONING BOARDS (ii) MEETINGS OF POLITICAL PTIES.
16. MEETINGS SUBJECT TO OPEN MEETINGS LAW (a) MEETING= OFFICIAL CONVENING OF PUBLIC BODY FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS. SUBJECT TO OPEN MEET. L IF: (i) MEETING HELD BY PUBLIC BODY ; (ii) QUORUM OF PUB. BODY IS PRESENT; AND (iii) PUBLIC BODY IS ENGAGED IN DELIBERATIVE PROCESS. (b) DELIBERATIVE PROCESS: PUBLIC BODY ENGAGES WHEN DISCUSSES ANY MATTER UPON WHICH IT MAY THEN (LATER) TAKE ACTION. DOESN’T MATTER IF GROUP DOESN’T INTEND TO TAKE ACTION / HOW GATHERING CHARACTERISED. CHANCE MEETINGS / SOCIAL GATHERINGS ≠ OFFICIAL MEET. , LAW ≠ APPLIED.
17. EXEC. SESSIONS. (a) NOT SEPARATE FROM PUBLIC; PORTION OPEN, PORTION EXCLUDED. TO GO EXEC àWHILE PUBLIC OPEN: (i) MEMBER MUST MAKE MOTION TO ENTER INTO EXEC. SESSION; (ii) MOTION MUST IDENTIFY GENERAL AREA OF SUBJECT ; AND BE CONSIDERED. ; (iii) MUST BE CARRIE DBY MAJORITY VOTE OF TOTAL MEM/SHIP OF PUB. BODY

(b) PERMISSIBLE MATTERS: (i) IF IMPERIL PUBLIC SAFETY IF DISCLOSED ; (ii) IF DISCLOSE ID OF LAW ENFORC. AGENT / INFORMANT; (iii) INFO RE CURRENT/ FUTURE CRIMINAL INVESTIG. / PROSECUTIONS THAT WOULD IMPERIL EFFECTIVE LAW ENFORC. IF DOSCLOSED (iv) INFO RE PROPOSED, PENDING, / CURRENT LITIGATION; (v) COLLECTIVE BARGAINING NEGOTIATIONS PURSUANT TO CIVIL SERVICE LAW; (vi) MEDICAL, FINANCIAL, CREDIT/ EMPLOYMENT HISTORY OF PARTIC. PERSON / CORPORATION.; (vii) MATTERS RE EXAMS; (viii) MATTERS RE T/O INVOLV. REAL PROP/TY / SECURITIES IF DISCLOSURE WOULD SUBSTANT. AFFECT VALUE OF PROP/TIES / SECURITIES

(c) ACTION PROHIBITEDà APPROPRIATE PUBLIC MONIES.      (d) MINUTES REQUIREDà OF ANY ACTION BY FORMAL VOTE, BUT NOT INFO PROTECTED UNDER FREEDOM OF INFO LAW.

1. ACTIONS FOR VIOLATIONS OF OPEN MEET. LAW.

(a) STANDING à ANY “AGGRIEVED” CAN SUEà IF IMPROPERLY EXCL. FROM MEET. OR EXEC. SESSION WAS IMPROOPERLY HELD.  (b) REMEDIES à IF VIOLATED, COURT MAY DECLARE ACTION TAKEN @ MEETING VOID, EXCEPT FOR UNINTENTIONAL FAILURE TO FULLY COMPLY W NOTICE REQ.     (c) ATTORN. FEES. (i) COURT=AUTH. TO AWARD REASONABLE ATTORN. FEES TO SUCCESS. PTY;          (ii) MUST AWARD WHEN PUB. BODY: 1)VOTED IN PRIVATE IN MATERIAL VIOLATION OF LAW / WENT TO EXEC. SESSION IMPROPERLY. (ii) SUBSTANTIAL DELIB. OCCURRED IN PRIVATE WHEN SHOULD’VE IN PUBLIC.

1. FREEDOM OF INFO LAW (FOIL) à ADMIN. AG. + STATE LEGIS. MUST MAKE CERTAIN RECS AVAILABLE TO PUB. 1. PROCEDURE (a) PERSON MAKES WRITTEN REQUEST FOR REC., WHICH INCL. ANY INFO STORED IN ANY PHYSICAL FORM INCL. PAPER RECS, AUDIO/VISUAL RECS & DATA STORED ETC. (b) AG. = RESPOND W/N 5 BUSINESS DAYS OF RECEIPT BY (i) PROVIDING MATERIALS; (ii) DENYING REQ.; (iii) PROVIDING APPROX. DATE OF WHEN REQUEST WILL BE GRANTED / DENIE. (c) IIF POSSIBLE, AG. MUST PROVIDE REC. TO PERSON IN MEDIUM REQ.                  2. RECS EXEMPTED FROM DISCLOSURE: (a) IF = UNWARRANTED INVASION OF PERSON’S PRIVACY IF DISCLOSED (b) IF HINDER LAW ENFORCEMENT EFFORT (c) IF ENDANGER LIFE / SAFETY OF PERSON; (d) IF JEOPARDISE AG’S ABILITY TO GUUARANTEE SECURITY OF ELECTRONIC INFO SYSTEMS; (e) INTER-INTRAAG. MATERIAL (EMAILS, MEMOS, REPORTS) IF PREDECISIONALà CONTAIN OPINION, ADVICE, RECOMMENDATIONS ON HOW AG. SHOULD PROCEED ON MATTER EXCEPT PORTIONS OF STATISTIICAL / FACTUAL INFO, INSTRUCTIONS TO STAFF THAT AFFECT PUBLIC, FINAL AG. POLICY/ DETERMINATIONS OR EXTERNAL AUDITS.  PUPROSE = TO PROTECT DELIB. PROCESS OF GOV BY ENSURING THAT PERSONS IN ADVISORY ROLE WOULD BE ABLE TO EXPRESS OPINIONS FREELY TO AG. DECISION MAKERS. à MATTER OF SEA CREST CONST. CORPP. STUBING
2. REMEDIES FOR DENIAL OF ACCESS TO RECS (a) PERSON IF DENIED ACCESS à APPEAL TO AG. IN WRITING W/N 30 DAYS OF DENIAL.; (b) AG. MUST RESPOND W/N 10 DAYS BY EXPLAINING REASON FOR DENIAL / PROVIIDE ACCESS TO RECS.; (c) IF AG’S APPEAL RESULTS IN DENIAL OF ACCESS à COMMENCE ON ART. 78 PROCEED. FOR REVIEW OF DENIAL. IF DENIAL BASED ON CLAIMED EXEMPTION, AG. HAS BURDEN OF PROVING THAT REC FALLS W/N EXEMPTION.