NYLE - Administrative law Exam Questions with Correct Answers 100% Verified By Experts|
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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 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
, 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
What sections of SAPA require notice to the Secretary of State and publication in the State
Register, for the rule to be effective? SAPA 202 [5] and 203 require notice to Secretary of
State and publication in the State Register for the adoption of the rule to be effective
Where are the rules and regulations of state agencies compiled? The rules and regulations
of all state agencies are published and compiled in the New York Codes, Rules and Regulations;
Executive Law s102 (5)
Aside from the NYCRR where else are state rules and regulations published? state rules and
regulations are also published in the State Register
What is contained in art 102 of SAPA The Acts definitions are contained in art 102
Latest Update Guaranteed Success
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 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
, 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
What sections of SAPA require notice to the Secretary of State and publication in the State
Register, for the rule to be effective? SAPA 202 [5] and 203 require notice to Secretary of
State and publication in the State Register for the adoption of the rule to be effective
Where are the rules and regulations of state agencies compiled? The rules and regulations
of all state agencies are published and compiled in the New York Codes, Rules and Regulations;
Executive Law s102 (5)
Aside from the NYCRR where else are state rules and regulations published? state rules and
regulations are also published in the State Register
What is contained in art 102 of SAPA The Acts definitions are contained in art 102
