A. Rulemaking

Question 1

What is the exception to Separation of Powers doctrine? (When may legislature delegate its lawmaking power to an Administrative Agency?)*

Answer 1

To fill in gaps in legislative product;

1) Basic policy decision is articulated by legislature;
2) Administrative rule is consistent w/ statutory language; and
3) Admin Agency is NOT engaging in broad-based policy determinations.

Question 2

What is Separation of Powers doctrine?

Answer 2

Legislature may NOT delegate law-making powers to Administrative Agency

Question 3

What is required for Admin Agency to enact rules/regulations?*

Answer 3

1) Submit notice of proposed rule to SoS for publication in State Register!!!
- To afford public an opportunity to submit written comments on the rule!!!

2) Notice of Proposed Rule;
- Statement of Statutory Authority for the rule
- Complete text of proposed rule (if rule does NOT exceed certain length)
- Description of rule + website address where full text is posted (if rule exceeds certain length)
- Regulatory impact statement + flexibility analysis
- Date + Time + Place of Public Hearing (if specifically required by statute)

3) Public Hearing (if required by statute)

4) Notice of Adoption
- Statement of Statutory Authority for the rule
- Complete text of proposed rule (if rule does NOT exceed certain length)
- Description of rule + website address where full text is posted (if rule exceeds certain length)
- Regulatory impact statement + flexibility analysis
- Assessment of public comments (or summary of assessment if exceeding certain length)

Question 4

What is Rule?

Answer 4

1) Whole/Part of each agency statement/regulation/code of general applicability that;
- Implements/applies law
- Prescribes fee charged by/paid to any agency
- Procedure/Practice requirements of any agency

2) Amendment/Suspension/Repeal/Approval/Prescription for future of;
- Rates
- Wages
- Security authorisations
- Corporate/Financial structures/reorganisation
- Prices
- Facilities
- Appliances
- Services

Question 5

When will a rule become effective?*

Answer 5

1) Rule is filed w/ SoS

2) Notice of Adoption is published in State Register