Can constitutional claims be raised in Article 78 proceedings?

Can constitutional claims be raised in Article 78 proceedings?

• A. Yes
• B. No
• C. Only in limited circumstances
• D. Only with leave

Answer: (A)

The key idea is that Article 78 petitions challenge agency actions, and that challenge can include constitutional issues that arise from how the action was taken. When an agency’s determination is reviewed, the court looks to whether the action was within its jurisdiction, followed proper procedures, and was not arbitrary or capricious. If a constitutional violation is tied to how the agency acted—such as a denial of due process in a hearing, an infringement of equal protection in licensing, or First Amendment concerns in a regulatory decision—that issue can be raised and the relief can be to annul or modify the agency’s action. The review is on the administrative record, but constitutional claims are within the scope of the challenge to the agency decision. So constitutional claims can be raised in Article 78 proceedings.

The key idea is that Article 78 petitions challenge agency actions, and that challenge can include constitutional issues that arise from how the action was taken. When an agency’s determination is reviewed, the court looks to whether the action was within its jurisdiction, followed proper procedures, and was not arbitrary or capricious. If a constitutional violation is tied to how the agency acted—such as a denial of due process in a hearing, an infringement of equal protection in licensing, or First Amendment concerns in a regulatory decision—that issue can be raised and the relief can be to annul or modify the agency’s action. The review is on the administrative record, but constitutional claims are within the scope of the challenge to the agency decision. So constitutional claims can be raised in Article 78 proceedings.