BLAW – Ch. 17

The primary tool for local, state, and federal governments use to perform regulatory functions is the:

According to the Supreme Court, what is one of the most significant legal trends of the last century:

Congress created the first regulatory agency in 1887. It was called the:

The Interstate Commerce Commission was the

The first modern federal regulatory agency was created in 1887 to regulate

The Federal Trade Commission handles:

A major notable expansion in administrative agencies came during which period:

Among the significant agency(s) created during the 1930s were:

An agency created during the late 1960s or early 1970s is

A _________ is an authority of the gov't, other than a legislature or a court, created to administer a particular law

Administrative agencies are generally created by

An administrative agency is usually

About how many federal agencies share the responsibility for regulating various aspects of business activity?

Congress gives an agency power and authority through a(n):

A legislative delegation

A federal law passed by Congress granting powers to an agency is called:

An _________ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority

Enabling statutes are also sometimes called

Administrative agencies are often created by Congress because:

Administrative agencies are often created when

If Congress is not satisfied with the way an administrative agency is performing, it

The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as

The primary source of administrative law includes

Which of the following is a primary source of administrative law:

The primary purpose of the Administrative Procedures Act is

Enacted by Congress in 1946, the ________ defines the procedural rules and formalities for federal agencies

Regulaotry agencies engage in rulemaking. This authority comes primarily from:

Congress has authority to create regulatory agencies and give them powers to enact rules under which clauses of the Constitution:

Administrative agencies engage in rulemaking to

An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of

Administrative rules are classified s substantive (legislative), interpretative, and

Which of the following is a classification of administrative rules

Substantive (legislative) rules issued by agencies are

Administrative laws with the same force of law as statutes enacted by Congress are

Which classification of administrative laws result in a rule being a federal law:

When an agency issues a substantive rule, it is generally required by the APA to

_________ are statements issued by an agency to provide its staff and the public with guidance about what a certain statute or substantive rule or congressional statute

In contrast to legislative rules, interpretative rules are:

Congress authorizes the EPA to regulate air quality by reducing emmissions from gasoline engines. The EPA immediately bans gas engines issues such as regulation. The new regulation is probably

Procedural rules issued by administrative agencies are

The details of an agency's structure and how it operates internally are covered in

Which classification of administrative rules are usually the most important

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the

When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must

The usual public comment period for substantive rules is

During a formal rulemaking process, an agency may

If a statute requires that administrative rule making must be "on the record" then the agency:

When ensures that an agency has not exceeded its authority or violated proper procedure in issuing a final rule

In Chevron USA Inc., v. Natural Resources Defense Council Inc., where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held that

Which of the following is a way in which information about compliance with federal laws is obtained

Administrative agencies enforce regulations by doing which of the following:

Businesses have contested fines resulting from regulations that require mandatory self reporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that

Testing by the EPA for excessive air pollution emissions is an example of acquiring information by:

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by

If evidence of regulatory violations can be obtained from observations made in areas the public has access to:

Observations of regulatory violations made from areas open to the public are known as:

In Dow Chemical Co. v. US where the EPA took aerial photographs of a Dow plant plant to see if the plant produced too much pollution, the Supreme Court held that

A legal instrument that directs the person receiving it to appear at a specified time and place to testify or to produce documents is a

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may:

When federal agencies sue to enforce regulations, depending on the authority the agency has even granted by Congress, the agency:

Which sanction is not available to any federal regulatory agency?

Which of the following is an example of a sanction offered by the APA

Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party

As agency regulatory activities have expanded, agencies have relied more heavily on:

Which of the following is a benefit of agencies using informal procedures

Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected

Informal agency procedures may include

Which of the following is an example of an informal procedures for enforcing compliance with regulations

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commision, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that:

In Invention Submission v. Rogan, the Patent and Trademark Office (PTO) used a testimonial from a client of Invention Submission (IS) as an example of someone who felt abused by a patent marketing scheme. IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using that example in its advertising campaign about patent marketing scams. The appeals court held that the PTO's campaign:

If a business is unhappy with an agency sanction resulting from informal procedures it

In reviewing informal agency procedures, the courts are generally most concerned about

The administrative agency equivalent to a court trial is

Among the formal procedures used by most regulatory agencies are quasi-judicial powers,

A(n) _________ is a formal agency process under APA rules, which are similar to those followed in a trial

Adjudicatory hearings are initiated by

Some administrative agency investigations lead to a formal complaint being filed against a business. This may result in a trial heard by an administrative law judge (ALJ), ALJs are:

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a

In an adjudicatory hearing a(n) _____ presides over the hearing

During a hearing at an administrative agency to determine if the law has been violated the agency is represented by its

In a hearing at an administrative agency, to determine if the law has been violated

In a hearing at an administrative agency, to determine if the law has been vilated

There is no right of trial by jury in a hearing at an administrative agency to determine if the law has been violated because

The appeal process that serves as an external check on agency power is known as

_______ ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress, can justify their actions, and respect consitutional rights

Five procedural requirements for judicial review of a challenge to an agency decision are

The procedural requirement of ______ requires that the complaining party may seek judicial review only in courts that have power to hear the case

In Japan, as compared to the US administrative agencies exert

Which of the is a way that Japanese agencies may use to exert regulatory authority over businesses

The procedureal requirement of ______ requires that an appellate court has the ability to reconsider an agency decision to determine whether correction or modification is needed

The procedural requirement of ________ requires that a party seeking judicial review must demonstrate that it incurred an injury recognized by law as a result of the agency's action

In Lujan v. Defenders of Wildlife, where foreign aid decisions of the US government were challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court held:

In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber of 238 acres without preparing environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals ReformAct, the Supreme Court held that since the

The procedural requirement of ________ requires that there can be no judicial review until the agencys decision is final so that the court will have the final issues in the case before it and not hypthetical questions or unresolved disputes

The procedural requirement of _______ requires that a party seeking judicial review must have sought relief through all through all possible agency appeal processes before

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and improperly operated. She has completed all administrative channels and reviews. Loraine should file her suit:

When Congress grants courts the ability to review administrative actions, it may

Congress can prohibit certain judicial review as long as the exception

If a federal agency issues a new regulation, it may

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first

The ______ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right

In a case involving judicial review of an administrative agency's decision, the court's _________ determines how far it can go in examining the action

In addition of being checked by judicial review, administrative agencies are also checked by

The most immediate control mechanism enjoyed by Congress for regulating administrative agencies is the ability to control agency activity through

An administrative agency's final budget must be agreed on my

Presidents use ______ to instruct administrative agencies to undertake certain tasks

Under the _________ if scientific, technical, and economic information standards are not met in analyses done to support administrative agency regulations, affected parties may challenge a regulation for not being supported by adequate analysis

The _________ makes most documents held by federal agencies available to the public

328