Agency Rulemaking Flashcards
1
Q
Enabling Statute
A
Legislation that creates agency, legislation must give some standards (no broad discretion)
2
Q
Voiding Action
A
Legislation failed to properly delegate authority; enabling statute gave no standard
3
Q
Ultra Vires
A
Agency action goes beyond enabling statute
4
Q
Requirements for Rulemaking
A
Agency required to public proposed policies and take comments of any policy that meets the definition of the rule
5
Q
Requirements Not Followed?
A
Agency action is void.
Exceptions: statement of internal policy, interpretive and policy statements, permissible construction of statute or prior rule, rule has no practical impact.
6
Q
Definition of a Rule
A
Statement of general applicability AND future effect prescribing or interpreting law, policy or procedure.
