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NY BAR Administrative Law; Questions and Answers 100% Solved

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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...

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  • August 8, 2024
  • 28
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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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.

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