GA Bar Administrative Law 2

Question 1

Under the Georgia Administrative Procedure Act, what is the minimum notice period an agency must provide before adopting a non-emergency rule?

Accepted Answer

At least 30 days after filing notice with the Secretary of State and publishing in the Georgia Administrative Register

Answer

Georgia's APA requires the agency to file proposed rules with the Secretary of State and publish notice in the Georgia Administrative Register at least 30 days before adoption.

Question 2

The nondelegation doctrine as applied to Georgia agency rulemaking requires that the General Assembly:

Accepted Answer

Provide adequate standards or guidelines that limit the scope of power delegated to the agency

Answer

Georgia courts require the legislature to supply an intelligible principle or adequate standards so that delegated power is constitutionally bounded.

Question 3

Which of the following is generally EXEMPT from rulemaking requirements under the Georgia APA?

Accepted Answer

Rules that apply solely to the internal management of the agency and do not affect the public

Answer

Internal management rules that have no direct public effect are carved out from APA notice-and-comment requirements.

Question 4

An agency that wishes to adopt an emergency rule bypassing normal notice-and-comment procedures under the Georgia APA must find that:

Accepted Answer

Adherence to normal rulemaking procedures would be contrary to the public interest due to an imminent peril

Answer

Georgia's APA emergency-rule provision requires an agency finding that compliance with standard notice procedures would create an imminent public danger.

Question 5

Under the Georgia APA, any interested person may petition an agency to:

Accepted Answer

Adopt, amend, or repeal a rule

Answer

Georgia's APA expressly grants any interested person the right to petition an agency for the issuance, amendment, or repeal of a rule.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Administrative Law 2