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Federal administrative agencies are created:
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by enabling legislation passed by Congress.
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True/False:
When regulated groups oppose a rule adopted by an agency, they can bring a lawsuit arguing that the rule was not authorized by the enabling statute.
When regulated groups oppose a rule adopted by an agency, they can bring a lawsuit arguing that the rule was not authorized by the enabling statute.
answer
True
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the two basic types of administrative agencies
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1. Executive agencies
2. Independent regulatory agencies
2. Independent regulatory agencies
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True/False:
All cabinet departments of the executive branch are included in independent regulatory agencies.
All cabinet departments of the executive branch are included in independent regulatory agencies.
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False
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An independent regulatory agency is usually run by...
answer
a commission or board
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Delegation Doctrine
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A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to make and implement laws to administrative agencies.
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Legislative Rules
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Administrative agency rules that affect substantive legal rights and carry the same weight as congressionally enacted statutes.
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Bureaucracy
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A large organization that is structured hierarchically to carry out specific functions.
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Interpretive Rules
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Administrative agency rules that simply declare policies or explain the agency's positions and do not establish any legal rights or obligations.
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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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fourth branch of government
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the three agencies' powers:
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1. rule making
2. enforcement
3. adjudication
2. enforcement
3. 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 _________ for all administrative law.
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basis
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The delegation doctrine holds that Article I grants Congress the authority to delegate some of its ______________ by establishing administrative agencies.
answer
powers
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All administrative agencies taken together are considered the _____________________ of the federal government.
answer
bureaucracy
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The president has the power to ______________ federal officers and also the power to veto enabling legislation.
answer
appoint
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Congress can ______________ an agency all together if it wishes.
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abolish
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Congress can limit the power of federal agencies through its _______________ authority.
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funding
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Congress has the power to "freeze" the enforcement of most federal __________________ before they take effect.
answer
regulations
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The judicial branch exercises ______________ over agency powers through the courts' review of agency actions.
answer
control
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The law that specifies the procedural requirements that all federal agencies must follow in their rule making, adjudication, and other functions is the:
answer
Administrative Procedure Act
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Rulemaking
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The process undertaken by an administrative agency when formally adopting a new regulation or amending and old one. Rulemaking involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
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Notice-and-comment rulemaking
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An administrative rulemaking procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register.
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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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1. Failed to provide a RATIONAL explanation for its decision.
2. Changed its PRIOR policy without justification.
3. Considered LEGALLY inappropriate factors.
4. Entirely failed to consider a RELEVANT fact.
5. Rendered a decision plainly CONTRARY to the evidence.
2. Changed its PRIOR policy without justification.
3. Considered LEGALLY inappropriate factors.
4. Entirely failed to consider a RELEVANT fact.
5. Rendered a decision plainly CONTRARY to the evidence.
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True/False:
The major function of today's federal agencies is adjudication.
The major function of today's federal agencies is adjudication.
answer
False
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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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the three basic steps involved in notice-and-comment rulemaking
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1. Notice of the proposed rulemaking
2. Comment period
3. Final rule
2. Comment period
3. Final rule
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True/False:
The Federal Register is a daily publication of the executive branch that prints (and offers online) government orders, rules, comments, and regulations.
The Federal Register is a daily publication of the executive branch that prints (and offers online) government orders, rules, comments, and regulations.
answer
True
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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, the agency only must respond to any significant comments that bear directly on 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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A new proposal and a new opportunity for comments are required.
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True/False:
If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule may not be binding.
If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule may not be binding.
answer
True
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Courts historically have granted deference (significant weight) to an administrative agency's _________________ .
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judgment
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Such deference seems appropriate when applied to an agency's analysis of ____________ questions.
answer
factual
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In the Chevron case, the United States Supreme Court created a standard of broadened deference to agencies on questions of legal ________________________ .
answer
interpretation
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The Court's decision in the Chevron case created a new standard for courts to use when _________________ agency interpretations of law.
answer
reviewing
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The New Chevron Standard for courts when reviewing agency interpretations of law, which involves the following two questions:
answer
1. Did Congress DIRECTLY address the issue in dispute in the statute?
If so, the statutory language PREVAILS.
2. If the statute is SILENT or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have INTERPRETED the law differently.
If so, the statutory language PREVAILS.
2. If the statute is SILENT or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have INTERPRETED the law differently.
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True/False:
After the Chevron case, all of those involved in rulemaking by administrative agencies accepted that decision without discussion.
After the Chevron case, all of those involved in rulemaking by administrative agencies accepted that decision without discussion.
answer
False
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Administrative Law Judge
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One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts.
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Adjudication
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The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.
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Initial Order
answer
In the context of administrative law, and agency's disposition (a judge's ruling) is a matter other than rulemaking. And administrative law judge's initial order becomes final unless it is appealed.
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Final Order
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The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
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Charges that an individual or a firm has violated an administrative rule are first brought before
answer
the administrative law judge
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the two basic types of subpoenas (a document commanding a person to appear at a certain time and place or give testimony concerning a certain matter).
answer
1. Subpoena ad testificandum
2. Subpoena duces tecum
2. 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:
answer
1. The PURPOSE of the investigation.
2. The RELEVANCE of the information being sought.
3. The SPECIFICITY of the demand for testimony or documents.
4. The BURDEN of the demand on the party from who the information is sought.
2. The RELEVANCE of the information being sought.
3. The SPECIFICITY of the demand for testimony or documents.
4. The BURDEN of the demand on the party from who the information is sought.
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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:
answer
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:
answer
issues a subpoena ad testificandum
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True/False:
Before any on-site investigation by a federal administrative agency, most businesses resist those inspections by going to an appeals court.
Before any on-site investigation by a federal administrative agency, most businesses resist those inspections by going to an appeals court.
answer
False
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Agencies can conduct warrantless searches in the following situations:
answer
1. Searches in certain highly REGULATED industries, such as firearms or liquor.
2. When a statute permits warrantless searches or certain types of HAZARDOUS operations such as coal mines.
3. When there is an EMERGENCY situation.
2. When a statute permits warrantless searches or certain types of HAZARDOUS operations such as coal mines.
3. When there is an EMERGENCY situation.
question
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:
answer
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:
answer
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:
answer
less information is admitted during an administrative hearing
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Following a hearing, an administrative law judge (ALJ) first issues an...
answer
initial order
question
True/False:
When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator.
When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator.
answer
True
question
the correct order of priority used in the process of formal administrative adjudication:
answer
1. Complaint
2. Answer
3. Hearing before ALJ
4. Order or ALJ
5. Appeal to Governing Board of Agency
6. Final agency order
7. Appropriate court for review of agency decision
8. Court order
2. Answer
3. Hearing before ALJ
4. Order or ALJ
5. Appeal to Governing Board of Agency
6. Final agency order
7. Appropriate court for review of agency decision
8. Court order
question
True/False:
Every administrative hearing procedure must be exactly the same as legislated by Congress.
Every administrative hearing procedure must be exactly the same as legislated by Congress.
answer
False
question
What happens when no party appeals an adjudication?
answer
The ALJ's decision becomes the final order of the agency
question
Private communications between the ALJ and any party to the agency proceedings are known as ______________ communications.
answer
ex parte
question
True/False:
The administrative law judge and the agency's investigative and prosecutorial staff are basically one integrated unit.
The administrative law judge and the agency's investigative and prosecutorial staff are basically one integrated unit.
answer
False
question
Who are the members of juries in administrative hearings?
answer
No one, because there are no juries
question
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...
answer
may be closed to the public
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The Freedom of Information Act exempts records pertaining to...
answer
national security
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