Chapter 6 BUL M.C.

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

Congress's modifications of the agency's authority.

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

Congress, through enabling legislation.

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

a legislative rule.

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

a subpoena.

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

appeal to the commission that governs the TSA

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

appearing uncooperative

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

binding as a law passed by Congress

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

changed the agency's prior policy without justification.

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

hazardous waste management

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

ignore the Administrative Procedure Act to streamline proceedings

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

must be general so as to force an uncooperative party's compliance

Independent regulatory agencies such as the Federal Trade Commission are

outside the major departments of the government's executive branch

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

publish a notice of the proposed rulemaking

The Internal Revenue Service (IRS) wants to seize certain documents of Mortgage Bank, Inc. Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

relevant.

The Federal Trade Commission (FTC) orders GR8 Steaks Company to re-veal certain information. GR8 Steaks complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

reveal violations of the law

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

the Federal Register.

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 Government-in-the-Sunshine Act

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

the facts and the law

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

the public is asked to comment on a proposed rule

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding has binding legal effect

unless a court overturns it