Is it possible for an agency to adopt rules without public input?

Study for the Administrative Law Exam with engaging flashcards and multiple choice questions. Enhance your understanding with hints and explanations to get you ready for your exam!

An agency can indeed adopt rules without public input under certain circumstances, making that the correct answer to the question. In the realm of administrative law, agencies often operate with considerable discretion and flexibility when it comes to rule-making processes.

Generally, the Administrative Procedure Act (APA) requires agencies to provide opportunities for public comment when they engage in formal rule-making. However, there are specific exceptions where agencies can bypass these requirements. For instance, if an agency is acting under a statutory mandate that does not require public participation or if the agency determines that an emergency situation exists that requires immediate action, it may adopt rules without soliciting public input.

Additionally, if an agency uses informal rule-making processes, it may find ways to implement rules swiftly without the full scope of public comment that typically accompanies formal rule-making. Thus, while public input is a standard part of the process for many rules, it is not an absolute requirement, which supports the assertion that an agency can adopt rules without public input in certain circumstances.

Among the other choices, some do suggest specific conditions under which rule-making might occur without public input, but they either incorrectly limit the scenarios or misrepresent the flexibility allowed to agencies by existing law.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy