Ch. 23 administrative agencies + quiz questions

fair notice

the notion that regulatory agencies must give notice to those affected by its regulations (of what will be expected in the future)

exhaustion doctrine

the principle that a complaining party seeking court review must first exhaust all administrative remedies before seeking court review

administrative process

the process used to fulfill an agency's 3 basic functions: rulemaking(legislature), enforcement(executive branch), and adjudication (the courts)

independent agency

these agencies are outside the federal departments, the president's power is less pronounced in regard to independent agencies, whose officers serve for fixed terms and cannot be removed without just cause

executive agencies

these agencies that are part of the executive branch, which assist the president in carrying out executive functions, and the subagencies within the cabinet departments. usually have a single administrator, director, or secretary who is appointed by the president to oversee the agency and can be removed by the president at any time

notice-and-comment rulemaking

this is what agency must do to make a rule. 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

administrative regulations have benefits, but the benefits can entail considerable costs for business: T or F

true

congress can exercise authority over the power of an administrative agency by revising its funding, changing its responsibilities, or abolishing it altogether: T or F

true

the president can limit the power of an administrative agency through their ability to appoint the officer that controls the agency: T or F

true

under the administrative procedure act, a party seeking judicial review of an agency decision must first exhaust all administrative remedies

true

legislative rule

An administrative agency rule that carries the same weight as a congressionally enacted statute.

independent regulatory agencies such as the federal communications commission are:

outside the federal executive departments

subpoena duces tecum

"bring it with you" compels an individual or organization to hand over books, papers, records, or documents to the agency

administrative agencies lack the time, the resources, and the expertise to make the detailed decisions required for regulation: T or F

false

types of agencies

executive and independent

subpoena ad testificandum

is a writ, or order, compelling a witness to appear at an agency hearing

the administrative procedure act (APA)

the absence of directives from congress concerning an issue

administrative agency

A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.

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

changed the agency's prior policy without justification

organic frozen foods corporation is subject to regulations issued by the food and drug administration, which is a federal agency. these regulations are part of the body of:

administrative law

the rules of administrative agencies can be:

as binding as laws passed by congress

After a final rule is issued, an administrative agency conducts investigations to monitor

compliance with the rule

the securities and exchange commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. the first step is

publishing a notice of the proposed rulemaking

according to the US supreme court, courts should defer to the interpretation of law of an administrative agency: T or F

true

the delegation doctrine

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. The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.

Bureaucracy

A large, complex organization that is structured hierarchically to carry out specific functions

interpretative rule

A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces

enabling legislation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency. these agencies can exercise only the powers given to them by congress within this term

persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on:

congress

data inc. pays income and other taxes collected by the intellectual revenue service (IRS). like other federal administrative agencies, the IRS was created by:

congress, through enabling legislation

bath & kitchen inc. is subject to a decision by the consumer product safety commission. opposed to the decision, the firm wants a court to review it. first, however, the firm must:

exhaust all possible administrative remedies

an administrative law judge's decision on a dispute over an administrative action is the final order of the agency - no appeal is possible: T or F

false

by delegating some authority to make and implement laws to an administrative agency, congress gives up its ability to monitor a particular area: T or F

false

final rules do not have binding legal effect until the courts confirm them: T or F

false

notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule, commenting on it, and then issuing a rule: T or F

false

congress exercises authority over agency powers through:

legislation - congress gives power through enabling legislation and can take power away - or even abolish the agency itself through subsequent legislation congress can revise the time and monetary limits on the funding of particular programs set through enabling legislation has the authority to investigate the implementation of its laws and the agencies that it has created has the power to "freeze" the enforcement of most federal regulations before the regulations take effect.

the food and drug administration (FDA) is investigating reports that caplets corporation is putting potentially harmful additives Doze, a new pain relief medication. The FDA's demands for particular documents from caplets:

must be specific and adequately describe the material being sought