New York Law Exam (NYLE) Administrative Practice Test

Who is primarily responsible for issuing proposed findings in a contested hearing?

+Administrative Law Judge Agency head Public hearing panel Court of appeals

Correct Answer:

+Administrative Law Judge

Explanation:

In agency adjudication, the Administrative Law Judge is the primary issuer of proposed findings. The ALJ conducts the contested hearing, hears testimony, evaluates evidence, and drafts proposed findings of fact and conclusions of law as part of a recommended decision. These proposed findings guide the agency as it reviews the record and issues the final decision, which the agency head or other designated decision-maker may adopt, modify, or reject. The public hearing panel, if involved, is not typically responsible for drafting proposed findings, SAMPLEand the Court of Appeals handles judicial review rather than preparing findings in the agency proceeding.

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