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To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal
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. in the Federal Register.
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PharmaMeds Company is subject to a decision by the Food and Drug Administration. PharmaMeds appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision
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changed the agency's prior policy without justification.
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The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The first step is to
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publish a notice of the proposed rulemaking.
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Independent regulatory agencies such as the Federal Trade Commission are
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outside the major departments of the government's executive branch.
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The Federal Communications Commission adopts new regulations to govern Internet-based phone services. Like other administrative agencies' "legislative rules," this rule is as
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binding as a law passed by Congress.
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The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which
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the public is asked to comment on a proposed rule.
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Midwest Steel Corporation is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by
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Congress, through enabling legislation.
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Executive control over the Federal Aviation Administration, and other agencies, may be exercised through a presidential veto of
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Congress's attempt to modify the agency's authority.
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The National Labor Relations Board uses notice-and-comment rulemaking. The final rule in such a proceeding has binding legal effect
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. unless a court overturns it.
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The U.S. Patent and Trademark Office uses notice-and-comment rulemaking. The final rule in such a proceeding is sometimes referred to as
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a legislative rule.