Buisness Law Chapter 23

When Congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent. T/F?

Executive Agencies

Independent Regulatory Agencies

The main difference between independent regulatory agencies and executive agencies is that:

Federal administrative agencies are created:

Legislative Rules

Bureaucracy

Delegation doctrine

Interpretive Rules

Administrative agencies sometimes are referred to as the ______ branch of government.

Article , Section of the U.S. Constitution is generally believed to be the source of Congressional authority to create administrative law. Under the Necessary and Proper clause, the courts identified the doctrine to allow Congress to create these subordinate agencies and give them some legislative powers. The president has the power to veto enabling legislation and prevent the formation of an agency and also has the power to federal officers, including agency leadership. Congress has the power to create and to an agency. And the courts exercise control over agencies through the power of judicial .

The law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions is the

According to the Administrative Procedures Act (APA), courts should _____ agency actions that are found to be_____ , ____ , or an abuse of _______ .

The arbitrary and capricious test is very well defined.

When assessing whether an agency action was arbitrary or capricious, courts generally look at several factors including whether the agency failed to provide a _____ explanation for its decision; changed its prior policy without _____ ; considered legally _____ factors; failed to consider a _____ fact; or made a decision to the____ evidence.

In addition to making decisions that are not arbitrary and capricious, agencies must give fair ____ to those affected by its regulations.

Select the three powers that agencies have.

The major function of today's federal agencies is adjudication. T/F?

An administrative rule is a statement of general or particular ___ and ___ effect designed to implement, ____ , or prescribe law and policy.

Many rules must be adopted using the notice-and-comment rulemaking procedure, which includes giving ____ the proposed rulemaking, allowing for a period of time for ___ from the public, and the issuance of the ___ rule.

When an agency formally creates a new rule, the first step is to:

When an agency publishes notice of proposed rulemaking, the notice must include the subject of the proposed rule, when and where the proceedings will be held, and the authority for passing the rule. T/F?

During the comment period of the rulemaking process, the ___ is allowed to express opinions or views about a proposed rule. These comments may be in writing or ___ if a hearing is held.

An agency has to respond to every comment that is made. T/F?

Any changes to a proposed rule require an additional public comment period. T/F?

If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule _____ binding.

If a firm thinks an agency's request for documents is unreasonable, it may refuse to comply with the request. In such situations, the agency may use a subpoena or ____ to obtain the information. A subpoena ____ is an order compelling a witness to appear at an agency hearing. A subpoena ______ compels an individual to bring documents to the agency.

To determine if an agency is abusing its discretion in pursuing information, a court may consider the ____ of the investigation, the ___ of the information being sought, the _____ of the demand for documents, and the _____ of the demand on the party.

Select three situations when an agency can perform a warrantless search.

When an agency finds a rule violation, one attractive option for resolution is

One important difference between formal litigation and an administrative hearing before an administrative law judge ("ALJ") is that:

At the conclusion of a hearing, the ALJ issues a(n) ____ order. If no one objects, this becomes the _____ order.

Courts historically have granted deference to an administrative agency's . This seems appropriate when applied to an agency's analysis of questions. In the Chevron case, the United States Supreme Court stated that this deference is also appropriate when an agency interprets its own and authority.

Under the Chevron standard, courts should defer to an agency's interpretation of law and of fact.

The Chevron standard requires the court to ask two questions: first, did Congress ___ address the issue in dispute? If so, the statutory language ___ . If the statute is ___ or ambiguous, is the agency's interpretation of it ___ ? If so, the court should give deference to the agency's interpretation.

The Chevron decision is one of the decisions by the United States Supreme Court that was not very controversial and seemed to make sense to people.

According to the United States Supreme Court, a court must give Chevron deference to an agency interpretation if it has gone through the:

The Freedom of Information Act ____ the government to disclose certain records to any person on request, even without a reason.

Select two categories of records that are exempt from public disclosure under the Freedom of Information Act.

The Government in the Sunshine Act ___ all agency meetings to be ___ to the public unless they meet certain criteria. If a person is going to be ____ , if ____ agency action would be frustrated, or if the meeting involves____litigation or rulemaking, then the meeting may be ____ .

Which law requires the government to reassess the impact on business and continue to look for less burdensome means of achieving a governmental goal?

The Regulatory Flexibility Act relieved small businesses of certain record-keeping requirements under agency rules and federal statutes.

he Small Business Regulatory Enforcement Fairness Act gives Congress ____ days to review new federal regulations to be sure that they do not unduly burden small businesses.

HYPOTHETICALS

AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the United States. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auctions. The FCC is:

William wants to obtain information from the Securities and Exchange Commission (SEC) regarding the number of active cases related to insider trading. To request this information, he would need to file which of the following with the SEC:

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:

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of:

The Securities and Exchange Commission (SEC) charges the Able Baker Co. (ABC) with violating an administrative rule regarding the sale of securities. ABC did not realize that in its search for capital it became subject to securities regulations. ABC may attempt to settle the case rather than proceed to litigation because:

The Environmental Protection Agency (EPA) passes a proposed rule change to the Clean Air Act related to the discharge of emissions by factories. The EPA's action would be considered arbitrary and capricious for all of the following reasons except:

BP violated the Clean Air Act by discharging pollutants from one of its refineries and was unable to reach a settlement with the EPA regarding a violation of the law. The EPA plans to go forward with a trial on this matter, which will be heard by:

Carla works for the EPA. Her department determines that a new rule is necessary to help protect seabirds along the California coast. Carla is in charge of the notice of the proposed rulemaking. This means she must draft a notice of the proposed rulemaking proceedings to be published in:

Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulatory agency, is known as:

The Equal Employment Opportunity Commission (EEOC) issues a statement describing how it will apply a section of the Americans with Disability Act. After exhausting the administrative remedies, Jill files a lawsuit in federal court alleging that the EEOC incorrectly interpreted the statute. The court likely will:

UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation of a rule that has allowed a refinery to offset an increase in emissions relating to one part of the refinery by reducing emissions in another part of the refinery. In challenging the EPA's interpretation, a court will likely:

Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year, fixed term and cannot be removed without cause, even if there is a change in the president. Joseph is most likely serving in:

The Equal Employment Opportunity Commission (EEOC) issues a statement describing how it will apply a section of the Americans with Disability Act. This statement is an example of a(n):

The Food and Drug Administration (FDA) is an example of an executive agency. If Fred Smith is an officer in the FDA and he fails to perform his duties properly, the power to remove him lies with:

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:

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 the ALJ's decision cannot be appealed to a court because: