Ch 6 Review - Assignment Essays %

question

Generally rules and rule making involve individual claims

answer

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Negotiated rule making is a presidential created hybrid

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F, Congressional

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Formal rule making is required only when a statute clearly commands that a rule be made on the record at the opportunity for an agency hearing

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Adjudication investigates, declares, and enforces liabilities under laws as they stand on present or past facts and under laws supossed already to exist

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Negotiated rule making has been found to be too costly and time consuming

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False

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Quasi legislative authority is adjudicative in nature

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False, rulemaking

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Generally, agencies are free to make rules without hearing

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Agency adjudication requires adherence to due process requirement

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Ratemaking with an one entity requires adherence to due process

answer

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Interpretive rules have the force of a statute

answer

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Final and authoritative compilation of fed admin regulation

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Federal Register

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Agency does not have the inherent authority to promulgate

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Substantive rules

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Agency rules that apply to a suspect class or infringe on a fundamental right

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Strict Scrutiny

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Ex party communications are expressly prohibited w/ regards to what hearing

answer

Formal rulemaking

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Agencies employing informal rulemaking rely on

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Written comments

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Notice of proposed rulemaking must be published in the Fed register regarding

answer

Formal

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Rule making that involves adding requirements to established procedures

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Hybrid

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Published agency rulings become final and binding if not appealed in

answer

30 days

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APA does not require that the following factor be considered when determining the negotiated rule making

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Experience of a committee member

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If a statute is unclear and requires only a hearing, courts likely to hold

answer

Informal

1 of 20

question

Generally rules and rule making involve individual claims

answer

question

Negotiated rule making is a presidential created hybrid

answer

F, Congressional

question

Formal rule making is required only when a statute clearly commands that a rule be made on the record at the opportunity for an agency hearing

answer

question

Adjudication investigates, declares, and enforces liabilities under laws as they stand on present or past facts and under laws supossed already to exist

answer

question

Negotiated rule making has been found to be too costly and time consuming

answer

False

question

Quasi legislative authority is adjudicative in nature

answer

False, rulemaking

question

Generally, agencies are free to make rules without hearing

answer

question

Agency adjudication requires adherence to due process requirement

answer

question

Ratemaking with an one entity requires adherence to due process

answer

question

Interpretive rules have the force of a statute

answer

question

Final and authoritative compilation of fed admin regulation

answer

Federal Register

question

Agency does not have the inherent authority to promulgate

answer

Substantive rules

question

Agency rules that apply to a suspect class or infringe on a fundamental right

answer

Strict Scrutiny

question

Ex party communications are expressly prohibited w/ regards to what hearing

answer

Formal rulemaking

question

Agencies employing informal rulemaking rely on

answer

Written comments

question

Notice of proposed rulemaking must be published in the Fed register regarding

answer

Formal

question

Rule making that involves adding requirements to established procedures

answer

Hybrid

question

Published agency rulings become final and binding if not appealed in

answer

30 days

question

APA does not require that the following factor be considered when determining the negotiated rule making

answer

Experience of a committee member

question

If a statute is unclear and requires only a hearing, courts likely to hold

answer

Informal

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