New York Law (NYLE) Practice Exam

Must the agency do more before adopting a new rule that limits oil dumping?

1. Yes, it must submit notice of the proposed rule to the Secretary of State

2. Yes, it must submit notice of the proposed rule to the Secretary of State, get the proposed rule published in the state register, and give the public an opportunity to ask written comments

3. No, but it may submit notice of the proposed rule to the Secretary of State, get the proposed rule published in the state register, and give the public an opportunity to ask written comments

4. No, but it may submit notice of the proposed rule to the Secretary of State

The correct answer is: Yes, it must submit notice of the proposed rule to the Secretary of State, get the proposed rule published in the state register, and give the public an opportunity to ask written comments

When an agency intends to adopt a new rule, particularly one that has significant implications such as limiting oil dumping, it is essential to follow the proper procedural requirements set forth in the Administrative Procedure Act (APA). The correct answer emphasizes the necessity for the agency to submit notice of the proposed rule to the Secretary of State, publish the proposed rule in the state register, and provide the public with a chance to submit written comments. This process serves important purposes: it ensures transparency, allows for public input, and ultimately guides the agency toward making informed decisions by considering the viewpoints of stakeholders and the general public. Following these steps is often not just a best practice, but a legal requirement that promotes good governance and accountability in regulatory actions. Other options imply that some or all of these steps may not be necessary, which would undermine the principles of public engagement and oversight that the APA aims to uphold. Thus, the comprehensive approach described in the correct answer is crucial for the proper adoption of new regulatory measures.