Questions and Correct Answers | New
Update
Power to Make: SOP Doctrine: May the legislature delegate lawmaking to
an administrative agency? - 🧠 ANSWER ✔✔legislature cannot delegate
lawmaking to an administrative agency;
May the legislature empower an administrative agency to make rules and
regulations to fill gaps? - 🧠 ANSWER ✔✔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? - 🧠 ANSWER ✔✔Agency rule or reg must be enacted in
substantial compliance with procedural requirements of SAPA.
, What must agency do prior to adopting rule? - 🧠 ANSWER ✔✔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? - 🧠 ANSWER ✔✔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? - 🧠 ANSWER
✔✔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? - 🧠 ANSWER ✔✔Rule not effective until
filed whit Sec of State and notice of adoption is published in State Register.
What is the NYCRR? - 🧠 ANSWER ✔✔Published compilation of rules and
regulations of all state agencies; State Register as well.