Ch 5 threeeighteen

Like statutory law, administrative law is created by legislatures

​Federal executive agencies are outside the federal executive departments.

​Independent regulatory agencies include the cabinet departments of the executive branch

State regulation, when not preempted, may cover many of the same activities as federal regulation

By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution

Federal administrative agencies can regulate beyond the powers granted by enabling legislation

Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes

Interpretive rules simply declare policy and do not affect legal rights or obligations

An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review

Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

There is a precise definition of what makes an administrative rule arbitrary and capricious

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious

Rulemaking—the formulation of new administrative regulations—is a major function of Congress, not administrative agencies

Unlike those who violate statutes, violators of agency rules are not punished

The Administrative Procedure Act does not apply to a particular agency procedure

The period for persons to comment on a proposed administrative rule must be at least thirty days

Only experts can submit comments on a proposed administrative rule

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Final administrative rules have binding legal effect unless the courts later overturn them.

Often, an administrative agency itself enforces its rules

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal

Administrative agencies can conduct warrantless searches in some situations

In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation

. If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

All federal government agencies must make their records available electronically on the Internet

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities

Independent regulatory agencies such as the Federal Trade Commission are​

The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agencies' regulations conflict

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's jurisdiction. This is​

Playground Equipment, Inc., is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

Nemo's Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding is sometimes referred to as

The Merit Systems Protection Board issues a rule. Like other administrative agencies' "legislative rules," this rule is as

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is​

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a presidential veto of​

​Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Freight Transport Company is subject to a decision by the National Labor Relations Board. Freight Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

The functions of the Social Security Administration, like those of other administrative agencies, include​

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is​

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemaking. This involves a period during which

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue​

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can legitimately gain access to the records through

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety, Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are​

Caleb is a witness in a controversy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an administrative law judge if he is served with​

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in​

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

Guard Personnel Company (GPC) is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administrative law judge orders GPC to comply with the TSA's regulations. GPC may

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Beck must​

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in​

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under​

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of​