CH 06 Administrative Agencies Cengage

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

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

Adjudication

Administrative law judge

Initial order

Final order

Charges that an individual or a firm has violated an administrative rule are first brought before

the two basic types of subpoenas

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as the Following:

The _____ of the investigation

the _______ of the information being sought

the _______ of the demand for testimony documents

the ______ of the demand on the party from whom the information is sought

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:

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

T/F Before any on-site investigation by a federal administrative agency, most businesses resist those inspections by going to an appeals court.

Agencies Can Conduct Warrantless Searches in the Following Situations:

Searches in certain highly ________ industries, such as firearms or liquor

when a statute permits warrantless searches of certain types of _________ operations such as coal mines

When there is an ________ situation

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:

The Bureau of Alcohol, Tobacco, and Firearms suspects that Pawn Shoppe, Inc. is violating firearms regulations. To obtain evidence, the bureau:

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

Following a hearing, an administrative law judge (ALJ) first issues a

T/F When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator.

the correct order of priority used in the process of formal administrative adjudication:

Every administrative hearing procedure must be exactly the same as legislated by Congress.

What happens when no party appeals an adjudication?

Private communications between the ALJ and any party to the agency proceedings are known as _______ communications

T/F The administrative law judge and the agency's investigative and prosecutorial staff are basically one integrated unit.

Who are the members of juries in administrative hearings?

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

The Freedom of Information Act exempts records pertaining to

Michael Manin, an airline pilot, was twice convicted of disorderly conduct, a minor misdemeanor. To renew his flight certification with the National Transportation Safety Board (NTSB), Manin filed an application that asked him about his criminal history. He did not disclose his two convictions. When these came to light more than ten years later, Manin argued that he had not known that he was required to report convictions for minor misdemeanors. The NTSB's policy was to consider an applicant's understanding of what information a question sought before determining whether an answer was false. But without explanation, the agency departed from this policy, refused to consider Manin's argument, and revoked his certification. Was this action arbitrary and capricious?

The NTSB is an ________ administrative agency.

As an administrative agency, the NTSB exercises powers associated with the three branches of government: _______ which includes legislative functions; the executive branch, which includes ________ and the judicial function, which includes _____

When making rules, 1. _______ and the 2. ________ governs an agency's rulemaking, enforcement and adjudication processes.

The Administrative Procedures Act provides that a court ______ set aside agency actions found to be 1. _______ 2. _____ 3.______

The factors the court can consider in determining whether an agency's actions are arbitrary and capricious are:

1. Failed to provide a ________ explanation for its decision.

2. Changed its prior policy without

3. Considered legally

4. Entirely failed to consider a _______ factor

5. Rendered a decision ________ to the evidence

The NTSB in this case did which of the following:________ and ________

Therefore, the NTSB's decision ________ arbitrary and capricious.

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

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