NYLE - Administrative law Exam
Questions and Answers 100% Pass
What is the separation of powers doctrine? - ✔✔means the legislature
cannot delegate its lawmaking power to an administrative agency
Can the legislature give administrative agencies lawmaking power? -
✔✔Yes, the legislature can give administrative agencies lawmaking power
What power can the legislature give to administrative agencies? - ✔✔the
power to fill in the gaps in the legislative product by prescribing rules and
regulations consistent with the enabling legislation
Does there need to be expressed authorisation from the legislature giving
the administrative agency power? - ✔✔No, there does not need to be a
specific and detailed legislative expression authorising a particular
administrative act, as long as the basic policy decision has been articulated
1
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,by the legislature, the administrative rule or regulation is not inconsistent
with the statutory language or its underlying purpose, and the
administrative agency is not engaging in broad-based policy
determinations
What is the Act governing statutory procedures? - ✔✔State Administrative
Procedure Act (SAPA)
What sections of SAPA are relevant for statutory procedures? - ✔✔201, 202,
and 203
What section of SAPA needs to be complied with when enacting an agency
rule or regulation? - ✔✔An agency rule or regulation must be enacted in
substantial compliance with the procedural requirements of SAPA 202
What should the administrative agency do before adopting a new rule? -
✔✔Prior to the adoption of a rule, an agency must submit notice of the
proposed rule to the Secretary of State for publication in the State Register
and afford the public an opportunity to submit written comments on the
proposed rule
2
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, What should the notice to the Secretary of State include? - ✔✔Amongst
other things, the notice to the Secretary of State should include:
1. a statement of the statutory authority for the rule;
2. a complete text of the proposed rule, or if the rule exceeds a certain
length, a description of the rule and the website address where the full text
is posted;
3. a regulatory impact statement and flexibility analysis; and
4. the date, time and place of any public hearings
Which section of SAPA sets out the requirements that the notice shall
include? - ✔✔SAPA 202 [1] [f]
Is a public hearing required before the adoption of a rule? - ✔✔No, a public
hearing is not required before the adoption of a rule unless a statute
specifically requires a hearing
When does the rule or regulation become effective? - ✔✔A rule is not
effective until it is filed with the Secretary of State and the notice of
adoption is published in the State Register
3
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Questions and Answers 100% Pass
What is the separation of powers doctrine? - ✔✔means the legislature
cannot delegate its lawmaking power to an administrative agency
Can the legislature give administrative agencies lawmaking power? -
✔✔Yes, the legislature can give administrative agencies lawmaking power
What power can the legislature give to administrative agencies? - ✔✔the
power to fill in the gaps in the legislative product by prescribing rules and
regulations consistent with the enabling legislation
Does there need to be expressed authorisation from the legislature giving
the administrative agency power? - ✔✔No, there does not need to be a
specific and detailed legislative expression authorising a particular
administrative act, as long as the basic policy decision has been articulated
1
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,by the legislature, the administrative rule or regulation is not inconsistent
with the statutory language or its underlying purpose, and the
administrative agency is not engaging in broad-based policy
determinations
What is the Act governing statutory procedures? - ✔✔State Administrative
Procedure Act (SAPA)
What sections of SAPA are relevant for statutory procedures? - ✔✔201, 202,
and 203
What section of SAPA needs to be complied with when enacting an agency
rule or regulation? - ✔✔An agency rule or regulation must be enacted in
substantial compliance with the procedural requirements of SAPA 202
What should the administrative agency do before adopting a new rule? -
✔✔Prior to the adoption of a rule, an agency must submit notice of the
proposed rule to the Secretary of State for publication in the State Register
and afford the public an opportunity to submit written comments on the
proposed rule
2
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, What should the notice to the Secretary of State include? - ✔✔Amongst
other things, the notice to the Secretary of State should include:
1. a statement of the statutory authority for the rule;
2. a complete text of the proposed rule, or if the rule exceeds a certain
length, a description of the rule and the website address where the full text
is posted;
3. a regulatory impact statement and flexibility analysis; and
4. the date, time and place of any public hearings
Which section of SAPA sets out the requirements that the notice shall
include? - ✔✔SAPA 202 [1] [f]
Is a public hearing required before the adoption of a rule? - ✔✔No, a public
hearing is not required before the adoption of a rule unless a statute
specifically requires a hearing
When does the rule or regulation become effective? - ✔✔A rule is not
effective until it is filed with the Secretary of State and the notice of
adoption is published in the State Register
3
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