Administrative – NYLE Exam
Questions and Answers 100% Pass
Power to Make: SOP Doctrine: May the legislature delegate lawmaking to
an administrative agency? - ✔✔legislature cannot delegate lawmaking to
an administrative agency;
May the legislature empower an administrative agency to make rules and
regulations to fill gaps? - ✔✔legislature may endow administrative agency
with power to fill gaps in legislative product by making rules and
regulations consistent with enabling legislation
Statutory Procedure: SAPA: How must an agency rule or regulation be
enacted? - ✔✔Agency rule or reg must be enacted in substantial
compliance with procedural requirements of SAPA.
1
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, What must agency do prior to adopting rule? - ✔✔Prior to adoption of
rule, agency must submit notice of proposed rule to Sec of State for
publication in State Register and afford public an opportunity to submit
written comments on the proposed rule.
What must notice include? - ✔✔Notice must include, among other
information: statement of statutory authority for the rule; complete text of
proposed rule or, if rule exceeds certain length, a description of the rule
and website where full text is posted; a regulatory impact statement and
flexibility analysis; and the date, time, and place of any public hearings.
Is a public hearing required before adoption of the rule? - ✔✔Public
hearing is not required before adoption of rule unless a statute specifically
requires a hearing (Rochester Gas and Elec Corp v Public Service
Commission).
When does rule become effective? - ✔✔Rule not effective until filed whit
Sec of State and notice of adoption is published in State Register.
What is the NYCRR? - ✔✔Published compilation of rules and regulations
of all state agencies; State Register as well.
2
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Questions and Answers 100% Pass
Power to Make: SOP Doctrine: May the legislature delegate lawmaking to
an administrative agency? - ✔✔legislature cannot delegate lawmaking to
an administrative agency;
May the legislature empower an administrative agency to make rules and
regulations to fill gaps? - ✔✔legislature may endow administrative agency
with power to fill gaps in legislative product by making rules and
regulations consistent with enabling legislation
Statutory Procedure: SAPA: How must an agency rule or regulation be
enacted? - ✔✔Agency rule or reg must be enacted in substantial
compliance with procedural requirements of SAPA.
1
100% Pass Guarantee Katelyn Whitman, All Rights
, What must agency do prior to adopting rule? - ✔✔Prior to adoption of
rule, agency must submit notice of proposed rule to Sec of State for
publication in State Register and afford public an opportunity to submit
written comments on the proposed rule.
What must notice include? - ✔✔Notice must include, among other
information: statement of statutory authority for the rule; complete text of
proposed rule or, if rule exceeds certain length, a description of the rule
and website where full text is posted; a regulatory impact statement and
flexibility analysis; and the date, time, and place of any public hearings.
Is a public hearing required before adoption of the rule? - ✔✔Public
hearing is not required before adoption of rule unless a statute specifically
requires a hearing (Rochester Gas and Elec Corp v Public Service
Commission).
When does rule become effective? - ✔✔Rule not effective until filed whit
Sec of State and notice of adoption is published in State Register.
What is the NYCRR? - ✔✔Published compilation of rules and regulations
of all state agencies; State Register as well.
2
100% Pass Guarantee Katelyn Whitman, All Rights
