question
How are federal administrative agencies created?
answer
Enabling Legislation
question
How do the three branches of government limit the power of administrative agencies? Executive Branch
answer
The executive branch of government exercises control over agencies both through the president's power to appoint federal officers and through the president's veto power
question
How do the three branches of government limit the power of administrative agencies? Legislative Branch
answer
Congress gives power to an agency through enabling legislation and can take power away—or even abolish an agency altogether
Congress has the authority to investigate the implementation of its laws and the agencies that it has created.
Congress also has the power to "freeze" the enforcement of most federal regulations before the regulations take effect.
Congress has the authority to investigate the implementation of its laws and the agencies that it has created.
Congress also has the power to "freeze" the enforcement of most federal regulations before the regulations take effect.
question
How do the three branches of government limit the power of administrative agencies? Judicial Branch
answer
The judicial branch exercises control over agency powers through the courts' review of agency actions
question
What are the three basic functions of most administrative agencies?
answer
1. Rulemaking
2. Investigation
3. Adjudication
2. Investigation
3. Adjudication
question
What sequence of events must normally occur before an agency rule becomes law?
answer
-Provide notice of the proposed rule
-A comment period to give interested parties time to express their views, either written or orally at hearings
-The final rule is drafted and published.
-A comment period to give interested parties time to express their views, either written or orally at hearings
-The final rule is drafted and published.
question
Define Administrative Law
answer
The body of law created by administrative agencies in order to carry out their duties and responsibilities.
question
Define Administrative Agency
answer
A federal or state government agency established to perform a specific function.
Regulate many areas of our government, community, and businesses.
Regulate many areas of our government, community, and businesses.
question
True or False:
Administrative Agencies Exist at All Levels of Government
Administrative Agencies Exist at All Levels of Government
answer
True
question
Describe Congress's Creation and Power?
answer
Congress creates federal administrative agencies through enabling legislation
Congress gives power to an agency through enabling legislation and can take power away
Congress gives power to an agency through enabling legislation and can take power away
question
True or False:
Legislative Rule is legally binding
Legislative Rule is legally binding
answer
True
question
True or False:
Interpretive Rule is legally binding
Interpretive Rule is legally binding
answer
Fasle
it is not legally binding
it is not legally binding
question
Define Exhaustion Doctrine
answer
Party seeking court review must first exhaust all administrative remedies before filing suit
(Judicial Controls)
(Judicial Controls)
question
The Administration Procedure Act (APA) is made up of what two things?
answer
1. Arbitrary and capricious test
2. Fair notice
2. Fair notice
question
Arbitrary and Capricious Test
answer
Gives courts power to hold agencies' actions "arbitrary and capricious" if they are not in compliance with constitutional due process
question
Fair notice
answer
The agency must provide fair notice before changing regulatory practices.
question
Define Adjudication
answer
A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.
question
True or False:
When the meaning of a statute's language is unclear, courts must follow agency interpretation if reasonable.
When the meaning of a statute's language is unclear, courts must follow agency interpretation if reasonable.
answer
True
question
What is the Sunshine Act
answer
Requires that every portion of every meeting of an agency be open to public observation
question
Legislative Rules
answer
An administrative agency rule that carries the same weight as a congressionally enacted statute.
question
Delegation Doctrine
answer
A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.
question
Define Bureaucracy
answer
The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.
question
What does the Administrative Procedure Act (APA) do?
answer
sets forth rules and regulations that govern the procedures administrative agencies follow in performing their duties.
question
What is typically considered to determine if an agency was arbitrary or capricious, since this standard doesn't have a precise definition?
answer
1. Failed to provide a rational explanation for its decision.
2. Changed its prior policy without justification.
3.Considered legally inappropriate factors.
4.Failed to consider a relevant factor.
5.Rendered a decision plainly contrary to the evidence.
2. Changed its prior policy without justification.
3.Considered legally inappropriate factors.
4.Failed to consider a relevant factor.
5.Rendered a decision plainly contrary to the evidence.
question
Why is Settlement an appealing option to firms? (two reasons)
answer
1. to avoid appearing uncooperative
2. to avoid the expense involved in formal adjudication proceedings and in possible later appeals.
2. to avoid the expense involved in formal adjudication proceedings and in possible later appeals.
question
Who is an administrative law judge (ALJ)?
answer
One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
question
What is an Initial Order?
answer
An agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed
question
What is a Final Order?
answer
The final decision of an administrative agency on an issue.
question
What is the process of Formal Administrative Adjudication
answer
Complain ---- Answer ---- Hearing before ALJ ----Order of ALJ (Example: a cease and desist order) ---- Appeal to Governing Board of Agency ---- Final Agency Order ---- Appropriate Court for Review of Agency Decision (Usually an appellate court, but depends on the specific agency) ---- Court Order
question
What was an issue in the Chevron case?
answer
Whether the courts should defer to an agency's interpretation of a statute giving it authority to act.
question
What is the Bubble Policy?
answer
Allows companies to offset increases in emissions in part of a plant with decreases elsewhere in the plant
question
What questions do the new standard (set by the Chevron case) involve?
answer
1. Did Congress directly address the issue in dispute in the statute? If so, the statutory language prevails.
2.If the statute is silent or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have interpreted the law differently.
2.If the statute is silent or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have interpreted the law differently.
question
True or False:
when the meaning of a particular statute's language is unclear and an agency interprets it, the court must follow the agency's interpretation as long as it is reasonable
when the meaning of a particular statute's language is unclear and an agency interprets it, the court must follow the agency's interpretation as long as it is reasonable
answer
True
question
What is the Regulatory Flexibility Act?
answer
Under this act, whenever a new regulation will have a "significant impact upon a substantial number of small entities," the agency must conduct a regulatory flexibility analysis.
question
Federal administrative agencies are created:
a. by enabling legislation passed by Congress.
b. without any formal action.
c. by legislative orders issued by the president.
a. by enabling legislation passed by Congress.
b. without any formal action.
c. by legislative orders issued by the president.
answer
a. by enabling legislation passed by Congress
question
The main difference between independent regulatory agencies and executive agencies is that:
answer
c. executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.
question
Courts generally hold that Article I of the U.S. Constitution is the _________ for all administrative law.
answer
BASIS
question
The delegation doctrine holds that Congress may delegate some of its ________ by establishing administrative agencies.
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
answer
POWERS
question
All administrative agencies taken together are considered the ___________ of the federal government.
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
answer
BUREAUCRACY
question
Congress can ___________ an agency all together if it wishes.
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
answer
ABOLISH
question
Congress has the power to "freeze" the enforcement of most federal ____________ before they take effect.
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy
answer
REGULATIONS
question
The judicial branch exercises ___________ over agency powers through the courts' review of agency actions.
answer
CONTROL
question
Another way to describe the legislative rules that agencies create is that they are ___________ rules.
answer
b. Substantive
question
three agencies' powers.
answer
rule making, enforcement, adjudication
question
Match each term to the correct definition:
Terms:
Rulemaking
Notice-and-Comment Rulemaking
Definitions:
The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
An administrative rule making procedure that involves the publication of a notice of a proposed rule making in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the federal register.
Terms:
Rulemaking
Notice-and-Comment Rulemaking
Definitions:
The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
An administrative rule making procedure that involves the publication of a notice of a proposed rule making in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the federal register.
answer
Rule making:
The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
Notice-and-comment rule making: An administrative rule making procedure that involves the publication of a notice of a proposed rule making in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the federal register.
The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
Notice-and-comment rule making: An administrative rule making procedure that involves the publication of a notice of a proposed rule making in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the federal register.
question
When an agency formally creates a new rule, its first step is to:
a. issue a subpoena.
b. solicit public comment.
c. publish a notice of the proposed rulemaking proceeding in the Federal Register.
a. issue a subpoena.
b. solicit public comment.
c. publish a notice of the proposed rulemaking proceeding in the Federal Register.
answer
c. publish a notice of the proposed rulemaking proceeding in the Federal Register.
question
Does an agency involved in rulemaking need to respond to all comments during the comment period?
answer
no, the agency only must respond to any significant comments that bear directly on the proposed rule.
question
To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as
The ____________ of the demand for testimony or documents.
Word bank: specificity / burden / relevance / purpose
The ____________ of the demand for testimony or documents.
Word bank: specificity / burden / relevance / purpose
answer
SPECIFICITY
question
To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as
The _____________ of the demand on the party from whom the information is sought.
Word bank: specificity / burden / relevance / purpose
The _____________ of the demand on the party from whom the information is sought.
Word bank: specificity / burden / relevance / purpose
answer
BURDEN
question
The EPA wants to ensure that Delmar Oil Company is in compliance with federal environmental rules regarding cleanup of oil and gasoline spills. In order to do so, it:
a. must rely on Shay's documentation of compliance.
b. must issue a subpoena.
c. must obtain a search warrant.
d. can conduct an on-site inspection
a. must rely on Shay's documentation of compliance.
b. must issue a subpoena.
c. must obtain a search warrant.
d. can conduct an on-site inspection
answer
d. can conduct an on-site inspection
question
The FDA is investigating Shari's Cosmetics for possible violation of purity regulations. The FDA wants Yasmin, their lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA
a. Issues a subpoena duces tecum
b. Issues a subpoena ad testificandum
c. Appeals to a federal court
d. conducts an on-site investigations
a. Issues a subpoena duces tecum
b. Issues a subpoena ad testificandum
c. Appeals to a federal court
d. conducts an on-site investigations
answer
b. Issues a subpoena ad testificandum
question
Agencies Can Conduct Warrantless Searches in the Following Situations:
Searches in certain highly ____________ industries, such as firearms or liquor.
Word bank: Hazardous / Emergency / Regulated
Searches in certain highly ____________ industries, such as firearms or liquor.
Word bank: Hazardous / Emergency / Regulated
answer
REGULATED
question
Agencies Can Conduct Warrantless Searches in the Following Situations:
When a statute permits warrantless searches of certain types of _______________ operations such as coal mines.
Word bank: Hazardous / Emergency / Regulated
When a statute permits warrantless searches of certain types of _______________ operations such as coal mines.
Word bank: Hazardous / Emergency / Regulated
answer
HAZARDOUS
question
Agencies Can Conduct Warrantless Searches in the Following Situations:
When there is an _______________ situation.
Word bank: Hazardous / Emergency / Regulated
When there is an _______________ situation.
Word bank: Hazardous / Emergency / Regulated
answer
EMERGENCY
question
One important difference between formal litigation in a court and an administrative hearing before an administrative law judge (ALJ) is that:
a. the ALJ is typically not an agency employee.
b. an administrative hearing can admit hearsay as evidence.
c. less information is admitted during an administrative hearing.
d. an administrative agency proceeding is typically far more formal.
a. the ALJ is typically not an agency employee.
b. an administrative hearing can admit hearsay as evidence.
c. less information is admitted during an administrative hearing.
d. an administrative agency proceeding is typically far more formal.
answer
b. an administrative hearing can admit hearsay as evidence.
question
Following a hearing, an administrative law judge (ALJ) first issues a ....
answer
Initial Order
question
When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator.
a. True
b. False
a. True
b. False
answer
a. True
question
What happens when no party appeals an adjudication?
a. An initial order is given.
b. The ALJ's decision becomes the final order of the agency.
c. A federal district court reviews the initial order.
d. The ALJ dismisses the complaint.
a. An initial order is given.
b. The ALJ's decision becomes the final order of the agency.
c. A federal district court reviews the initial order.
d. The ALJ dismisses the complaint.
answer
b. The ALJ's decision becomes the final order of the agency.
question
Private communications between the ALJ and any party to the agency proceedings are known as ____________ communications.
answer
Ex Parte Communications
question
Match each term to the correct definition:
Terms:
Adjudication
Initial Order
Final Order
Administrative Law Judge
Definitions:
The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency.
In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed.
One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts.
The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.
Terms:
Adjudication
Initial Order
Final Order
Administrative Law Judge
Definitions:
The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency.
In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed.
One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts.
The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.
answer
Final Order:
The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency.
Initial Order:
In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed.
Administrative Law Judge:
One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts.
Adjudication:
The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.
The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency.
Initial Order:
In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed.
Administrative Law Judge:
One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts.
Adjudication:
The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.
question
Charges that an individual or a firm has violated an administrative rule are first brought before.....
answer
An administrative law judge
question
courts historically have granted deference to an administrative agency's ________________.
answer
JUDGMENT
question
Theo is injured at work and files a workers' compensation claim, which is administered by the workers' compensation agency in his state. His employer disputes the extent of Theo's injuries. The case is heard by an administrative law judge (ALJ), who decides the case in the employer's favor. Theo's attorney tells him that his case cannot be appealed to a court because
a. he does not have standing to appeal an administrative decision, only the employer could do that.
b. the decision of the ALJ is final in all administrative challenges.
c. he has not first appealed the case to the workers' compensation board that heads the state agency.
d. there is not an actual controversy that qualifies for judicial proceedings.
a. he does not have standing to appeal an administrative decision, only the employer could do that.
b. the decision of the ALJ is final in all administrative challenges.
c. he has not first appealed the case to the workers' compensation board that heads the state agency.
d. there is not an actual controversy that qualifies for judicial proceedings.
answer
c. he has not first appealed the case to the workers' compensation board that heads the state agency.
question
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
a. issues a subpoena duces tecum.
b. issues an ordinary subpoena.
c. appeals her decision to a federal court.
d. conducts an on-site investigation to discover the information.
a. issues a subpoena duces tecum.
b. issues an ordinary subpoena.
c. appeals her decision to a federal court.
d. conducts an on-site investigation to discover the information.
answer
b. issues an ordinary subpoena.
question
The Environmental Protection Agency conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings
a. must be conducted in the open.
b. may be closed to the public.
c. must be advertised, so that the public is aware that the meetings are taking place, but may be conducted privately.
d. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site.
a. must be conducted in the open.
b. may be closed to the public.
c. must be advertised, so that the public is aware that the meetings are taking place, but may be conducted privately.
d. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site.
answer
b. may be closed to the public.
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