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All Jurisprudence based

0 tracked cards Political and Public International Law

An agency named the Public Safety and Resilience Authority (PSRA) issues Administrative Regulation AR-2026-05, “Standards for Flood-Resilient Residential Construction.” The regulation imposes: (i) mandatory flood-resilient features in all new residential structures; (ii) annual reporting of construction compliance data to PSRA; (iii) data retention for seven years; (iv) penalties for noncompliance; (v) requirement that builders use a listed set of local materials for structural components. Publication appeared only on PSRA’s website and via an internal memorandum, not in the Official Gazette or in a newspaper of general circulation. No public hearing or notice was given before adoption. The enabling statute authorizes PSRA to “prescribe rules and regulations to ensure public safety in housing” but is silent on publication and hearing requirements. A homeowner challenges two grounds: (a) ultra vires for exceeding statute; (b) invalid for lack of proper publication and due process. (a) Identify the requisites for validity of quasi-legislative rules. (b) Apply these requisites to AR-2026-05 and decide whether it is valid; explain which requisites are met or lacking and why. (c) If invalid, describe the remedy and whether severability may save any portions.

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Requisites for validity of quasi-legislative rules: (i) the rule-making power must exist and be within the agency’s enabling statute; (ii) the rule must fall within the scope of that enabling statute; (iii) the rule must be promulgated by the proper official and in proper form; (iv) there must be publication in the Official Gazette or in a newspaper of general circulation; (v) there must be prior notice and opportunity for a hearing when required by statute or due process; (vi) the rule must not contravene the Constitution or existing statutes; (vii) where portions are invalid, severability may save the remainder. Requisites for validity: (i) the rule-making power must exist in the enabling statute and be within the agency's subject matter; (ii) the rule must be promulgated by the proper official and in proper form; (iii) there must be publication in the Official Gazette or in a newspaper of general circulation; (iv) there must be prior notice and opportunity for a hearing if required by statute or due process; (v) the rule must not contravene the Constitution or existing statutes; (vi) it must be within the agency’s power and be severable if parts are invalid. Requisites for validity: (i) enabling statute; (ii) within scope; (iii) proper form; (iv) publication; (v) hearing; (vi) constitutional alignment; (vii) general applicability. Requisites for validity: (i) enabling statute; (ii) within scope; (iii) publication; (iv) hearing; (v) no retroactivity unless allowed; (vi) no vagueness; (vii) severability.

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