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AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the U.S. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is
AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the U.S. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is
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administrative agency
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Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulator agency, is known as
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enabling legislation.
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The EPA passes a proposed a 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:
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it failed to provided the required time for notice and comment.
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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
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
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defer to the agency's interpretation.
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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 hear by
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an administrative law judge
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William wants to obtain information from the Securities and Exchange Commission regarding the number of active cases related to insider trading. To request this information, he would need to fill which of the following with the SEC:
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Freedom of Information Act request.
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Federal administrative agencies are created:
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by enabling legislation passed by Congress
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two basic types of administrative agencies
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executive agencies and independent regulatory agencies
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An independent regulatory agency is usually run by
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commission or board
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The main difference between independent regulatory agencies and executive agencies is that:
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executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.
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Executive agencies are often referred to as the
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4th branch of government
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three agencies' powers.
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rule making
enforcement
adjudication
enforcement
adjudication
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Another way to describe the legislative rules that agencies create is that they are
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substantive rules
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Courts generally hold that Article I of the U.S. Constitution is the
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basis for administrative law
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The delegation doctrine holds that Article I grants Congress the authority to delegate some of its powers by
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establishing administrative agencies.
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All administrative agencies taken together are considered the
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bureaucracy of the federal government.
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The president has the power to appoint
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federal officers and also the power to veto enabling legislation.
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Congress can abolish an
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agency all together if it wishes.
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Congress can limit the power of federal agencies through its
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funding authority.
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The judicial branch exercises
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control over agency powers through the courts' review of agency actions.
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The law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions is the
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Administrative Procedure Act
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The Arbitrary and Capricious Standard Includes Factors, Such as Whether the Agency Has Done Any of the Following:
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a. failed to provide explanation for decision
b. changed prior policy without justification
c. considered legally inappropriate factors
d. failed to consider a relevant fact
e. made a decision contrary to evidence
b. changed prior policy without justification
c. considered legally inappropriate factors
d. failed to consider a relevant fact
e. made a decision contrary to evidence
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When an agency formally creates a new rule, its first step is to
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publish a notice of the proposed rulemaking proceeding in the Federal Register
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steps involved in notice-and-comment rulemaking.
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notice of proposed rulemaking
comment period
final rule
comment period
final rule
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Does an agency involved in rulemaking need to respond to all comments during the comment period
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no, agency can respond to an comment that are directly about the proposed rule
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What happens when substantial changes occur to a proposed rule because of public comments?
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new proposal and new opportunity for comments are required
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The New Chevron Standard for Courts When Reviewing Agency Interpretations of Law, which Involves the Following Two Questions:
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a. did congress directly address the issue in dispute to the statute, stat. language prevails
b. if the statute is silent, is the agency's interpretation reasonable, court should uphold agency's interpretation
b. if the statute is silent, is the agency's interpretation reasonable, court should uphold agency's interpretation
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Charges that an individual or a firm has violated an administrative rule are first brought before
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administrative law judge
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two basic types of subpoenas.
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subpoena ad testificandum
subpoena duces tecum
subpoena duces tecum
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To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as the Following:
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a. purpose
b. relevance
c. specificity of demand for docs
d. burden of demand on the party
b. relevance
c. specificity of demand for docs
d. burden of demand on the party
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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:
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can conduct an on-site inspection
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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
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issues a subpoena ad testificandum
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Agencies Can Conduct Warrantless Searches in the Following Situations:
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a. searches in highly regulated areas
b. certain types of hazardous operations
c. emergency situation
b. certain types of hazardous operations
c. emergency situation
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The EPA and Zenith Dry Cleaners are negotiating a settlement for alleged violations of federal emissions standards. The EPA issues subpoenas duces tecum for all of Zenith's financial records for the past two years and orders Zenith to pay the costs. Zenith challenges the subpoena on the basis that:
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the agency's request is unrelated to the emission violation and instead is aimed at pressuring Zenith into a settlement.
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The Bureau of Alcohol, Tobacco, and Firearms suspects that Pawn Shoppe, Inc. is violating firearms regulations. To obtain evidence, the bureau:
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can search the premises and seize evidence without a search warrant.
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One important difference between formal litigation in a court and an administrative hearing before an administrative law judge (ALJ) is that:
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an administrative hearing can admit hearsay as evidence.
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Following a hearing, an administrative law judge (ALJ) first issues a
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initial order
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What happens when no party appeals an adjudication?
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The ALJ's decision becomes the final order of the agency
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Private communications between the ALJ and any party to the agency proceedings are known as
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ex parte communications
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Who are the members of juries in administrative hearings?
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No one, because there are no juries.
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The EPA conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings
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may be closed to the public
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The Freedom of Information Act exempts records pertaining to
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national security
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