question
1st Administrative Agency
EXAM QUESTION
EXAM QUESTION
answer
Interstate Commerce Commission 1887
- regulated freight rates
- regulated freight rates
question
Two types of administrative agencies
answer
Executive
-Secretary of XX,
-more political
Independent
-not political
-CIA, Commission on XX, EPA, Board of XX
-Secretary of XX,
-more political
Independent
-not political
-CIA, Commission on XX, EPA, Board of XX
question
Sunset Provision
EXAM QUESTION
EXAM QUESTION
answer
A stipulation that an agency or program be disbanded or terminated at the end of a fixed period unless it is formally renewed
question
T/F:
Agencies have all three powers of government.
Agencies have all three powers of government.
answer
True
question
Fourth Branch of Government
Why?
Why?
answer
Administrative Agencies
They have all three functions of law
They have all three functions of law
question
Where are administrative agency rules located?
answer
Federal:
-Federal Register
State:
-Secretary of State's Code of Regulations
-Federal Register
State:
-Secretary of State's Code of Regulations
question
Administrative Procedure Act (APA)
EXAM QUESTION
EXAM QUESTION
answer
...
question
Functions of Administrative Agencies
answer
Promulgate Laws in accordance to APA
1) rule-making
2) enforcement
3) adjudication
1) rule-making
2) enforcement
3) adjudication
question
Rule making
answer
Formal
have hearings and bring in evidence
Informal
1
2
3
have hearings and bring in evidence
Informal
1
2
3
question
Type of rules
answer
1. Legislative
-"regulations"
-administrative statues / substantive rules
-same force of law made under constitution
-
2. Interpretative
- statements issued by administrative agencies indicating its constuxtion XXXXXXXXXXX
-like a handbook
3. Procedural
-no rule making?????/
-XXXXXXXXXXXXXXXXX
-"regulations"
-administrative statues / substantive rules
-same force of law made under constitution
-
2. Interpretative
- statements issued by administrative agencies indicating its constuxtion XXXXXXXXXXX
-like a handbook
3. Procedural
-no rule making?????/
-XXXXXXXXXXXXXXXXX
question
What is exempt from APA (1946) ?
answer
Interpretative and Procedural Rules
question
T/F:
Most rules are made informally
Most rules are made informally
answer
True
question
Rules for informal rule making
answer
1. Prior notice of a proposed rule (federal register)
2. an opportunity for interested parties to participate in rule making
3. publication of a final draft containing XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx
2. an opportunity for interested parties to participate in rule making
3. publication of a final draft containing XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx
question
Rules for Formal rule making
answer
1. have to have a hearing
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
question
Ultra Vires
EXAM QUESTION
EXAM QUESTION
answer
...
question
major rule
answer
something that affects the economy of 100,000,000 or more and congress has power to disapprove
major increase to costs or prices
a significant adverse effect on competition, employment, etc.
major increase to costs or prices
a significant adverse effect on competition, employment, etc.
question
Freedom of Information Act (FOIA) 9!!!!
answer
...
question
Privacy Act of 1974
answer
...
question
Most Prolific Area of Law
answer
Administrative
question
ultra vires
answer
outside your strength
What you're supposed to do
What you're supposed to do
question
Adjudication
answer
Take law, apply facts, determine conclusion.
question
Limits on Administrative Agencies
EXAM QUESTION
EXAM QUESTION
answer
1) Judicial Review
REQUIRED:
- parties seeking judicial review must have been injured by agency action and have exhausted administrative remedies
2) Legislative Control
-establish general guidelines
-by reversing or changing agency rule
-budgetary powers
3) Executive Control
-to appoint or remove the chief administrator of an executive agency
-less control over independent agencies
-can set budget limits but must be approved by Congress
4) Disclosure of Information
REQUIRED:
- parties seeking judicial review must have been injured by agency action and have exhausted administrative remedies
2) Legislative Control
-establish general guidelines
-by reversing or changing agency rule
-budgetary powers
3) Executive Control
-to appoint or remove the chief administrator of an executive agency
-less control over independent agencies
-can set budget limits but must be approved by Congress
4) Disclosure of Information
question
Government in the Sunshine Act
answer
Requires meeting of many Federal agencies to be open to the public
question
QUESTIONS OF LAW
answer
only on appeal
question
Mayo Clinic vs Department of Treasury
answer
-Treasury Department made vague rule
question
In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does:
answer
encourage the federal agencies to use alternative dispute resolution
question
Administrative agencies exercise powers that have been allocated by __________ to the three separate branches of government.
answer
the Constitution
question
__________ are those issued by an agency having the ability, under a legislative delegation of power, to make rules having the force and effect of law.
answer
Legislative Rules
question
As part of executive function to investigate conduct, administrative agencies may compel the disclosure of information, except under which limitation?
answer
The information sought is irrelevant
question
By virtue of their power to __________, U.S. Presidents have significant control over the administrative agencies housed within the __________ branch.
answer
appoint and remove the chief administrator of those agencies
executive
executive
question
Federal legislation permits administrative agencies to deny access to nine categories of records is the:
answer
Freedom of Information Act (FOIA)
question
Much of federal, state, and local law in this country has been established by administrative agencies, which people label as the __________ because they possess tremendous power.
answer
fourth branch of government
question
Administrative law judges are appointed by the agency through a professional merit selection system and may be removed only:
answer
for good cause
question
Once __________, administrative rules are applicable to all parties.
answer
promulgated
question
The legislature may exercise control of administrative agencies in various ways. Which is NOT a control maintained by the legislative branch?
a. Through its budgetary power.
b. Through the power to appoint and remove chief administrators.
c. By amending an enabling statute to increase, modify, or decrease an agency's authority.
d. It may reverse or change an agency rule or decision by specific legislation.
a. Through its budgetary power.
b. Through the power to appoint and remove chief administrators.
c. By amending an enabling statute to increase, modify, or decrease an agency's authority.
d. It may reverse or change an agency rule or decision by specific legislation.
answer
b. Through the power to appoint and remove chief administrators.
question
Under the Government in the Sunshine Act, meetings of many federal agencies are required to be:
answer
open to the public
question
Congress has enacted a protection statute to prohibit the unauthorized disclosure of federal agency records pertaining to an individual. This statute is:
answer
Privacy Act
question
The Food and Drug Administration (FDA) would like to adopt some new rules regarding vitamins and supplements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions?
answer
The APA sets out specific rules and procedures that this action would violate
question
An agency may be required to conduct a legislative-type hearing (formal) that permits no cross-examination (informal) in accordance with which of the following?
answer
Hybrid rule making
question
An administrative law judge for the Environmental Protection Agency decides a case against a manufacturer. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?
answer
The commission may decide the case de novo.
question
The Environmental Protection Agency suspects Jimmy Jameson of dumping unlawful chemicals into a stream on his company's property. The EPA has obtained evidence, claimed to be proof of unlawful activity, by way of aerial photography. In carrying out these investigations:
answer
The agency have traditionally been accorded great discretion
question
Austin sustained an injury to his knee. Austin claimed the injury was suffered at work and filed a claim for workers' compensation benefits. The employer opposed this claim, saying the injury, if real, was the result of a congenital condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Austin. Austin became disgusted with the hearing officer and the proceedings because Austin felt that the hearing officer did not like him and wants to go directly to court because he feels that an agency appeal would be useless. Can he file the matter in federal court directly?
answer
No, he must exhaust his available administrative remedies.
question
The Agency for Military Intervention in the Western Hemisphere (AMIWH) is an administrative agency charged with overseeing U.S. military operations in the Western Hemisphere. If The National News, a nationally-published newspaper, seeks to request information a pursuant to the Freedom of Information Act (FOIA) from the AMIWH about military operations in Nicaragua, and AMIWH successfully resists turning over such information to The National News, what would the winning argument for resisting the records sought?
answer
Such information is in the interest of national defense or foreign policy and are to be kept secret.
question
The Environmental Protection Agency (EPA) denied a permit granting Final Frontier Technologies, Inc., a space exploration company, the right to build a rocket-launching facility on a beach in South Texas. Shortly after appealing the EPA's decision through the agency's administrative remedies, Final Frontier filed suit against the EPA in federal district court. If the EPA files a motion to dismiss Final Frontier's lawsuit, will it be successful?
answer
Yes, because the EPA has not issued a final agency warning
question
Newly-elected United States President Sheryl Davidson does not agree politically or personally with the current chair of the Federal Communications Commission (FCC) and wants her former journalism professor, William Gonzalez, to lead the FCC instead. What can President Davidson do to make a change at the FCC?
answer
Remove the current chair and appoint Professor Gonzalez pursuant to her power as the President
question
The Mayo Foundation for Medical Education and Research v. United States case involved the medical student residency program at the Mayo Clinic. The issue in the case involved:
answer
Whether it was reasonable for the Treasury Department to distinguish between workers who study and students who work.
question
What did the Supreme Court hold in Perez v. Mortgage Bankers Association?
answer
An agency is not required under the APA to use notice-and-comment procedures to issue an initial interpretative rule, and is likewise not required to use those procedures when it amends or repeals that interpretative rule.
question
In the matter of Sackett v. Environmental Protection Agency, the main issue in this case was:
answer
Whether a compliance order of the EPA is final agency action for which there is no adequate remedy at law.
question
The Supreme Court of the U.S. heard FCC v. Fox Television Stations, Inc. In the Court's 2009 ruling what issue did they consider?
answer
Whether FCC's order of liability for fleeting expletives was "arbitrary and capricious" under the APA.
question
As articulated in FCC v. Fox Television Stations, Inc., what standard do the courts review a substantive executive agency action?
answer
The courts review an executive agency action to determine if such action is arbitrary or capricious
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