NY BAR Administrative Law; Questions and Answers 100% Solved
11 views 0 purchase
Course
Nyle
Institution
Nyle
NY BAR Administrative Law; Questions and
Answers 100% Solved
Administrative Law CORRECT ANSWER-Rules relating to the powers and procedures of
administrative agencies
Agency CORRECT ANSWER-A governmental unit typically created by the legislature to
oversee a particular area of law
Agency Ex...
NY BAR Administrative Law; Questions and
Answers 100% Solved
Administrative Law CORRECT ANSWER-Rules relating to the powers and procedures of
administrative agencies
Agency CORRECT ANSWER-A governmental unit typically created by the legislature to
oversee a particular area of law
Agency Examples:
New York State Department of Health
New State Liquor Authority
New York Racing Association
New York State Office of General Services
Principal Functions of an Agency: Quasi-Legislative Functions: CORRECT ANSWER-
Creation of rules regulating a particular area of law pursuant to powers delegated to it by the
legislature
Principal Functions of an Agency: Quasi-Judicial Functions: CORRECT ANSWER-An
adversary contest b/w the agency and an individual who is subjected or regulated by that
agency.
, NY BAR Administrative Law; Questions and
Answers 100% Solved
Examples: a) A determination of whether a regulation has been violated; or b) A suspension or
revocation of a government benefit or license.
New York Register CORRECT ANSWER-a weekly publication of NYS that contains
information on proposed rules and other agency activities
New York Codes, Rules and Regulations NYCRR CORRECT ANSWER-a compilation of state
agency rules that have been ADOPTED by state agencies after being published in the NY Register
State Administrative Procedure Act (SAPA) - a New York State statute governing the procedures
that most New York State agencies must follow, including CORRECT ANSWER-procedures
for adopting rules, and conducting hearings before these agencies.
Rule Making: Overview CORRECT ANSWER-Agencies must adopt rules in accordance
with SAPA. In addition, the legislature, when creating the agency, may impose additional
standards.
To propose a new rule, or to adopt or repeal an existing one, the agency must: CORRECT
ANSWER-1. Publish a notice of proposed rule making in the NYS Register;
2. Receive and consider comment on the proposed rule;
3. Formally adopt the rule by
, NY BAR Administrative Law; Questions and
Answers 100% Solved
a) publishing in the NYCRRR; and
b) publish a notice of adopting the rule in the NYS Register
Must the agency hold a HEARING before it adopts the rule? CORRECT ANSWER-
Generally, an agency hearing is required only when legislation (statute), relating to that specific
agency requires it.
SAPA generally doesn't require a hearing.
If a statute requires a hearing to be held, and a hearing is not held, what is the result?
CORRECT ANSWER-The rule is void.
Notice of Proposed Rule: Time Frame.
What is the time frame for publication of the rule and comments on it? CORRECT
ANSWER-The first step (publication of the notice) must take place 45 days before:
1. the proposed date of adoption of the rule; OR
2. the proposed hearing date, if a hearing is required.
The minimum public comment period is CORRECT ANSWER-45 days, from the date it is
published in the NYS Register.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GOLDTUTORS. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $15.99. You're not tied to anything after your purchase.
