NYLE - Administrative law UPDATED
ACTUAL Exam Questions and CORRECT
Answers
What is the separation of powers doctrine? - CORRECT ANSWER - means the legislature
cannot delegate its lawmaking power to an administrative agency
Can the legislature give administrative agencies lawmaking power? - CORRECT
ANSWER - Yes, the legislature can give administrative agencies lawmaking power
What power can the legislature give to administrative agencies? - CORRECT ANSWER -
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? - CORRECT ANSWER - 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? - CORRECT ANSWER - State
Administrative Procedure Act (SAPA)
What sections of SAPA are relevant for statutory procedures? - CORRECT ANSWER -
201, 202, and 203
What section of SAPA needs to be complied with when enacting an agency rule or regulation? -
CORRECT ANSWER - 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? - CORRECT
ANSWER - 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? - CORRECT ANSWER -
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? - CORRECT
ANSWER - SAPA 202 [1] [f]
Is a public hearing required before the adoption of a rule? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER -
The rules and regulations of all state agencies are published and compiled in the New York
Codes, Rules and Regulations; Executive Law s102 (5)
ACTUAL Exam Questions and CORRECT
Answers
What is the separation of powers doctrine? - CORRECT ANSWER - means the legislature
cannot delegate its lawmaking power to an administrative agency
Can the legislature give administrative agencies lawmaking power? - CORRECT
ANSWER - Yes, the legislature can give administrative agencies lawmaking power
What power can the legislature give to administrative agencies? - CORRECT ANSWER -
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? - CORRECT ANSWER - 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? - CORRECT ANSWER - State
Administrative Procedure Act (SAPA)
What sections of SAPA are relevant for statutory procedures? - CORRECT ANSWER -
201, 202, and 203
What section of SAPA needs to be complied with when enacting an agency rule or regulation? -
CORRECT ANSWER - 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? - CORRECT
ANSWER - 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? - CORRECT ANSWER -
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? - CORRECT
ANSWER - SAPA 202 [1] [f]
Is a public hearing required before the adoption of a rule? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER -
The rules and regulations of all state agencies are published and compiled in the New York
Codes, Rules and Regulations; Executive Law s102 (5)
