Which action would be ultra vires?

Which action would be ultra vires?

• A. A rule regulating conduct outside the agency’s enabling statute.
• B. A rule interpreting its own enabling statute.
• C. A rule aiding in implementation of the statute.
• D. A purely advisory guidance letter.

Answer: (A)

The key idea here is that an agency’s power comes from its enabling statute, and it may only act within the authority granted. Regulating conduct outside that statute goes beyond what the statute authorizes, making the action ultra vires and thus void or invalid. Among the options, the action that does this is the rule that tries to regulate conduct beyond the scope of the enabling statute. Interpreting the enabling statute is normally within the agency’s remit, since understanding and applying the statute helps it function consistently with lawmakers’ intent. A rule aiding in implementation also fits within the agency’s role, as it helps carry out the statute’s purposes. A purely advisory guidance letter is typically non-binding and not a substantive regulatory rule, so it does not amount to ultra vires in the same way.

The key idea here is that an agency’s power comes from its enabling statute, and it may only act within the authority granted. Regulating conduct outside that statute goes beyond what the statute authorizes, making the action ultra vires and thus void or invalid. Among the options, the action that does this is the rule that tries to regulate conduct beyond the scope of the enabling statute.

Interpreting the enabling statute is normally within the agency’s remit, since understanding and applying the statute helps it function consistently with lawmakers’ intent. A rule aiding in implementation also fits within the agency’s role, as it helps carry out the statute’s purposes. A purely advisory guidance letter is typically non-binding and not a substantive regulatory rule, so it does not amount to ultra vires in the same way.