BA 3010 Ch 23 MC

The Food and Drug Administration (FDA) is investigating a report that Cherise Cosmetics Co. is in violation of purity and testing regulations. The FDA wants Yasmin, the lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA

The Environmental Protection Agency (EPA) and Riley Dry Cleaners are negotiating a settlement of a dispute caused by Riley's alleged violation of federal emissions standards. The EPA issues subpoenas duces tecum for all of Riley's financial records for the past twelve years and orders Riley to pay the costs of providing the documents. Riley challenges the subpoena on the basis that

Congress passed legislation that required the National Highway Traffic Safety Administration (NHTSA) to adopt automobile safety standards. Among the standards required by the act were rules for grading the quality of tires. NHTSA then adopted tread-wear regulations based on road-testing procedures. In 1983, NHTSA suspended the tire-quality regulations. It contended that the standards were too costly and that the testing procedures established by the rules were not reliable. A "public-interest group," sued NHTSA, claiming the suspension of the tire-quality standards was arbitrary and capricious. The court most likely

The Food and Drug Administration (FDA) has the authority to protect the public health from misbranded or dangerous food products. After the FDA found that a company was marketing a product called "Nutrilite Food Supplement" under an inaccurate label, the FDA conducted a warrantless inspection, after which it seized all inventory from the company's warehouse. The company sued, arguing that the FDA's actions were improper. The court most likely

Commonly, a state creates an agency:

A procedure in agency rulemaking that requires (1) notice, (2) opportunity for comment, and (3) a published draft of the final rule is:

There are two basic types of subpoenas. One, a subpoena ad testificandum, is a writ, or order:

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the law, is known as:

After final rules are issued, agencies conduct investigations to monitor:

Administrative law is created by:

The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones is:

Enacted in 1966, this act requires the federal government to disclose certain records to any person on request, even if no reason is given for the request. This is the:

The order of an Administrative Law Judge (ALJ), immediately after a formal hearing is:

At issue in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. was whether:

In 1976 Congress passed an open meeting law. It requires that "every portion of every meeting of an agency" be open to "public observation." It is the:

Statutes enacted by Congress that authorize the creation of an administrative agency and specify the name, composition, and powers of the agency being created are referred to as:

This doctrine requires that a regulated party use all of its potential administrative remedies before going to court, even though the party might prefer to go straight to independent federal courts, rather than going through the administrative adjudication process. This doctrine is:

There are two basic types of administrative agencies, executive agencies and:

The Fourth Amendment protects against unreasonable searches and seizures by requiring that in most instances a physical search for evidence must be conducted under the authority of a:

The rulemaking process begins with the publication in the ____________ of a notice of the proposed rulemaking.

The agency may conduct a public hearing at which it presents evidence to justify the proposed rule, and ________ may present opposing evidence. The agency ______ respond to significant comments.

After the hearing, the agency publishes the final draft of the rule in the __________

Paige, a congressperson, believes a new federal agency is needed to oversee the consumer lending industry. Congress has the power to establish an agency with functions that include

Like other federal agencies, the Environmental Protection Agency may obtain information concerning activities and organizations that it oversees by issuing

In making rules, the procedures of the Equal Employment Opportunity Commission and other federal agencies normally includes a period during which

The Occupational Safety and Health Administration (OSHA) issues a subpoena for Precision Systems Corp. to hand over its files. Precision's possible defenses against the subpoena include

The Federal Trade Commission (FTC) issues an order relating to the advertising of Discount Mart, Inc. Discount appeals the order to a court. The court may review whether the FTC's action is

The Federal Energy Regulatory Commission (FERC) wants to close a series of its meetings to the public. To open the meetings, Jennifer or any citizen could sue the FERC under

The U.S. Fish and Wildlife Service orders Elin to stop using a certain type of fishing net from her boat. To appeal this order to a court, Elin must

The National Oceanic and Atmospheric Administration (NOAA) is federal agency. To limit the authority of NOAA, the president can

The Federal Communications Commission (FCC) publishes notice of a proposed rule. When comments are received about the rule, the FCC must respond to

Sol is an administrative law judge (ALJ) for the National Labor Relations Board. In hearing a case, Sol has the authority to make