Business Law Chapter 17

Agencies publish their proposed rules and final regulations in the: ______.

Federal Register

Before developing a new rule, an agency will often engage in ______ and research to collect data related to the goals of the rule.

study

The economic costs of agency rules on small business must be examined under the Flexibility Act or RFA.

Regulatory

An adverse decision from the agency may also be challenged in a ______ trial court.

federal

An adverse decision from the agency may also be challenged in a _______ trial court.

federal

Agencies make rules under a process that includes notice, public comment, and publication of the final rule when they engage in: ______.

informal rulemaking

The Freedom of Information Act (FOIA) and the Government in the Sunshine Act help to provide ______ in agency actions.

transparency

What type(s) of powers or functions are authorized for administrative agencies?

Executive, legislative, and judicial

Agencies make rules or regulations to: ______. (Check all that apply)

accomplish the duties assigned in their enabling statutes.

A(n) ______ is a administrative hearing in which the government and the private party each present evidence in a quasi-judicial setting.

adjudication

The creation and operation of administrative agencies:

are very similar in both state and federal governments.

A(n) _____ suit is a lawsuit brought by an individual citizen against a violator of a regulation, or against the agency itself in order to:

citizen, enforce the law

Administrative agencies are created and given their authority through _______ statutes passed by Congress or a state legislative body.

enabling

Administrative agencies are extensions of which branch of the government, assisting in enforcing legislative mandates?

executive

Administrative agencies enforce law through their ________ powers, but also have legislative and judicial functions.

executive

compliance with regulations is often ensured by agency:

inspections

the US constitution places ______ on the powers of administrative agencies and how they carry out their duties.

limits

The heads of Independent agencies such as the Securities and Exchange Commission and the Federal Trade Commission may be removed: _________

only for just cause.

After the public comment period, agencies may ______ the proposed rule or may publish the ______ rule.

revise, final

Administrative agencies exert their legislative powers through: ______.

rulemaking

Powers within the scope of an agency's enabling legislation include making policy through ______, as well as through enforcement, licensing, inspection, and adjudication.

rulemaking

The agency process, prescribed by the APA, creates rules to facilitate agency functions. (Please use one word per blank.)

rulemaking

Agencies propose that aim to achieve the objectives set forth in their enabling statutes.

rules

The powers of administrative agencies are limited by _________ branches of the government.

three

In interpreting the enabling statute of an administrative agency, courts first examine the plain language, under the:

Chevron test

The _______ Act requires, for the most part, public notice of agency meetings and meetings that are open to the public.

Government in the Sunshine

Transparency of agency actions is provided by the Freedom of Information Act (FOIA) and by the _________.

Government in the Sunshine Act

Administrative agencies exert powers and functions similar to those of which branches of government? (Check all that apply.)

Legislative Executive Judicial

True or False: All agency actions, including rulemaking, adjudication, and enforcement, must be based on a reasoned decision-making process

True.

______ agencies wield great power, so Congress has created safeguards to protect the: ________

Administrative, public

How much latitude are agencies allowed in their choices of enforcement?

Agencies have almost unlimited prosecutorial discretion.

Administrative agencies are found in:

State government, federal government

Which of these actions is not part of the three-step process Congress may use to cancel an agency's final rule?

congress removes the funds for implementation of the rule.

Most recent presidential administrations have used what type of power over administrative agencies to help further policy goals and objectives?

direct

What action will an agency take after conducting research into various alternatives to meet the objectives of its enabling statute?

draft a proposed rule

Administrative agencies are generally considered an extension of the ________ branch of government

executive

The publication is used to publish proposed rules, final agency regulations, and other administrative announcements.

federal register

After the published rule is available for public comment, the agency will publish the _______ rule.

final

The process of agency rulemaking that requires hearings and a record of decision making is: ______.

formal rulemaking

The body of law that governs administrative agencies arises from sources.

four

Administrative law is not a separate body by itself, but is drawn from: ______.

four sources of law acting together.

Courts may set aside agency actions that:

go beyond the authority granted by the enabling statutes.

The losing party in an ALJ case generally:

has an automatic appeal to the administrative head of agency.

The Freedom of Information Act (FOIA) permits public ______ to government documents and allows the public to sue the agency if documents are withheld

inspection

Agencies may regulate the way certain businesses conduct their activities, including imposing fines or restrictions for violating regulations, under their ______ powers.

licensing

Transparency and accountability in agencies is accomplished through statutorily authorized citizen suits as well as:

mandatory-disclosure and open-meeting laws

An agency does not have to publish a revised rule for additional public comment, unless there is a substantial or ______ change from the initial proposed rule.

material

The losing party in an ALJ case:

may appeal to the head of agency, and after that to a federal trial court.

Under the Appointments Clause of the Constitution, the _________ has the authority to name the heads of administrative agencies.

president

The Administrative Procedures Act (APA) defines agency procedures and provides due ______ requirements for fairness in agency activities

process

Agencies have broad discretion as to when and whom they will prosecute. This authority is known as the agency's ________ ________.

prosecutorial discretion

The rulemaking process includes what opportunity for interested parties to suggest changes or challenge agency findings?

public comment

Most revised rules do not have to be open for additional _______, unless there is a(n) _______ or material change from the initial proposed rule.

public comment, substantial

Congress can exert its so-called power of the _______ to control agency actions by limiting their budgets.

purse

Administrative agencies are held to a standard of decision-making that requires: ______.

reasoned consideration of all relevant factors.

A final rule published in the Code of Federal Regulations (CFR) is called a(n) __________

regulation

A(n) is the term used for a final, published rule.

regulation

When an agency completes the normal rulemaking process, it publishes the final rule, referred to as a(n): ______.

regulation

Agencies must be able to prove that their actions were taken using reasoned decision-making based on __________.

relevant factors.

Agencies often conduct ________ using either their own scientists or outside contractors in order to gather data before making new rules.

research

The first step in developing a new rule is often: ______.

research of various options

A proposed ______ is the first attempt by the agency to meet the objectives of its enabling statute.

rule

Using their policymaking function known as _______, administrative agencies exercise a legislative function by creating rules or regulations.

rulemaking

Agency rulemaking creates ______ or regulations that allow the agency to complete its authorized duties

rules

Agencies similar to those in the federal government and often also found at the _____ level.

state

The judicial branch may void agency actions if the actions go beyond the ______ authority of the agency.

statutory

Agencies must publish public notice of its proposed rules, including:

the actual terms, substance, and description of the rule.

When an agency revises a proposed rule, the agency is required to seek additional public comment only if: ______.

the revised rule is substantially different from the original rule.

Which of these actions is not part of the three-step process Congress may use to cancel an agency's final rule?

Congress removes the funds for implementation of the rule.

Select all that apply Administrative agencies have many powers within the scope of authority in their enabling statutes, including: ______. (Check all that apply)

-adjudication -enforcement

An agency's powers of ______ are practically unreviewable by the judiciary.

-prosecutorial discretion -licensing -enforcement

In what ways can Congress exert power over administrative agencies?

control the budget of the agency through the power of the purse, Change or limit the scope of authority of the agency's activities

Administrative law is composed of all of the following: _________

Common Law, U.S. Constitution, Administrative Procedures Act

True or False: The powers of administrative agencies are limited by the three branches of the government.

True

Agency _______ decide cases involving alleged violations of the agency's regulations.

adjudications

When an agency has the authority to adjudicate matters under its jurisdiction within the agency, it often uses an ALJ or ________ law judge

administrative

When an agency has the authority to adjudicate matters under its jurisdiction within the agency, it often uses an ALJ or law judge.

administrative

government or administrative agencies are governed by a body of laws and regulations known as ________ laws.

administrative

_________ __________ may be departmental, nondepartmental, or independent and have the authority to create and implement regulations.

administrative agencies

Although Congress does not nominate agency officials, the Senate retains the right of _______ and consent to approve such nominations.

advice

If an agency took an action that was counter to the evidence the agency had at the time, a court could find that action was:

arbitrary and capricious

The law requires agencies to exercise reasonable consideration and not to make decisions that are ______ and _______.

arbitrary and capricious

The Regulatory Flexibility Act (RFA) requires agencies to investigate the economic impact of their rules on small: ______.

businesses

After proposed rules are published, they are available for input from interested stakeholders in the public ______ period.

comment

______ law is an early source of administrative law which courts still refer to in interpreting the APA.

common