MGT 12A - Chapter 17

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

3

Congress may cancel an agency's rule if it passes a resolution within ____ days. 30 90 60

60

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

Administrative agencies

______ agencies wield great power, so Congress has created safeguards to protect the: ______. Federal, public Administrative, public Congressional, law of the land Administrative, law of the land

Administrative, public

How much latitude are agencies allowed in their choices of enforcement? Agencies may only prosecute violators after obtaining court orders. Agency enforcement is narrowly defined in their enabling statutes. Agencies have broad discretion as to when and whom to regulate.

Agencies have broad discretion as to when and whom to regulate.

The president is given the authority to select the heads of administrative agencies in which clause of the Constitution? Appointments Clause Full Faith and Credit Clause Advise and Consent Clause Administrative Advisement Clause

Appointments Clause

If a final rule is challenged by an affected party, the court will apply what standard in its review of the rule? Substantial and material Informal Arbitrary and capricious

Arbitrary and capricious

In what ways can Congress exert power over administrative agencies? (Check all that apply.) Change or limit the scope of authority of the agency's activities Appoint administrative officials Control the budget of the agency through the power of the purse Impeach the president for naming political heads of the agency

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

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

Chevron test.

Under the ______ test, courts look to the language of the ______ statutes to determine whether agency actions are proper. capricious, enabling direct, congressional Chevron, enabling accountability, FOIA

Chevron, enabling

Administrative law is composed of all of the following: Common law International public law U.S. Constitution Administrative Procedures Act

Common law U.S. Constitution Administrative Procedures Act

Which of these actions is not part of the three-step process Congress may use to cancel an agency's final rule? Congress presents to the president a resolution to overrule the agency. Both houses of Congress must agree. Congress must pass a resolution to overrule the agency. Congress removes the funds for implementation of the rule.

Congress removes the funds for implementation of the rule.

The U.S. ______ places limits on agency powers and operations. Constitution Presidency Congress Code of Federal Regulations

Constitution

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

Direct

Which power enables administrative agencies to investigate allegations of wrongdoing and recommend fines or other sanctions? Adjudication Rulemaking Enforcement Licensing

Enforcement

Which power enables administrative agencies to investigate allegations of wrongdoing and recommend fines or other sanctions? Enforcement Licensing Rulemaking Adjudication

Enforcement

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

Executive

What type(s) of powers or functions are authorized for administrative agencies? Executive enforcement Independent regulations Legislative and judicial functions Executive, legislative, and judicial

Executive, legislative, and judicial

The ??? ??? is a daily publication used to communicate proposed rules, final agency regulations, and other administrative announcements.

Federal Register

Agencies publish their proposed rules and final regulations in the: Blank______. National Review. Federal Register. Washington Post. Congressional Record.

Federal Register.

Agencies publish their proposed rules and final regulations in the: ______. Congressional Record. Washington Post. National Review. Federal Register.

Federal Register.

Transparency of agency actions is provided by the Freedom of Information Act (FOIA) and by the ______. Government in the Sunshine Act Administrative Procedure Act Regulatory Flexibility Act Occupational Safety and Health Act

Government in the Sunshine Act

The ??? Rulemaking Act allows agencies to work with committees to create rules in conjunction with interested parties.

Negotiated

Which law provides an alternative to the normal rulemaking process by allowing agencies to cooperate with interested parties in drafting the rule? Negotiated Rulemaking Act Regulatory Flexibility Act Code of Federal Regulations Small Business Regulatory Fairness Act

Negotiated Rulemaking Act

The Administrative ______ Act provides structure to the agencies and defines due process requirements for their duties. Process Licensing Procedures Federal Procedures

Procedures

The rulemaking process includes what opportunity for interested parties to suggest changes or challenge agency findings? Court hearing Final rulemaking Public comment Agency hearing

Public comment

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

Regulatory

Which source of administrative law is the primary source of agency structure and defines the requirements for due process of law in agency procedures? The APA Enabling statutes Common law U.S. Constitution

The APA

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

access

Agencies make rules or regulations to: codify preexisting common law. create additional agencies pursuant to enabling statutes accomplish the duties assigned in their enabling statutes.

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

An administrative agency's _______ function creates policy when its administrative law judge determines whether violations occurred. enforcement rulemaking adjudication sanction

adjudication

An administrative agency's _______ function creates policy when its administrative law judge determines whether violations occurred. rulemaking enforcement sanction adjudication

adjudication

Administrative agencies have many powers within the scope of authority in their enabling statutes, including: judicial appeals. adjudication. enforcement. legislation.

adjudication. enforcement.

Agency ______ decide cases involving alleged violations of the agency's regulations. benefits enforcement adjudications rulemakings

adjudications

Government or administrative agencies are governed by a body of laws and regulations known as ??? laws.

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

The body of law that creates and governs government (administrative) agencies is known as: ______.

administrative law.

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

advice

Congress has a limited ability to control agencies through the Senate's power of ______ and ______, through which it approves the nominations of agency officials. advice, consent legislation, authority advice, authority executive action, authority

advice, consent

Governmental bodies with the authority to implement and administer regulations are called administrative ???.

agencies

A citizen suit is an appropriate action when: ______. an agency has failed to revise a rule after public comment. an agency is failing to act to stop a violation. the language of a regulation is ambiguous. the citizen disagrees with the content of the regulation.

an agency is failing to act to stop a violation.

The APA requires agencies to adopt rules that are reasoned and not ________. valid arbitrary

arbitrary

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 Blank______. arbitrary and capricious relevant justified by deference voidable

arbitrary and capricious

Under the APA, agency actions may be voided by a court if the actions are beyond the statutory ??? of the agency.

authority

In reviewing an agency's actions, the courts will review information: in the light most favorable to the agency available only at the time the agency took action

available only at the time the agency took action

The APA requires "a concise general statement of basis and purpose" when the agency publishes its final rule to ensure the rule is: within the scope of the enabling legislation. based on reasoned decision making. arbitrary and capricious. supported by Congressional oversight.

based on reasoned decision making.

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

businesses

A member of the public may bring a(n) ??? suit against an agency that is not fulfilling its duties under the law.

citizen

Many enabling statutes provide a process called ______ to allow possible redress for members of the public who are impacted by the violation of agency regulations. petition for redress citizen suits citizen arrests

citizen suits

After proposed rules are published, they are available for input from affected parties in the public ______ period. comment notice enforcement rule-making

comment

Agencies that function within a particular area of the executive branch of the government are ______ agencies. department independent dependent non-department

department

Presidents who wish to use administrative agencies to further their policy objectives now often exert ??? power over the agency.

direct

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

enabling

Congress passes ??? statutes to create new agencies and give the agencies their source of authority.

enabling

Agencies have ??? powers, through which they investigate allegations of violations and recommend sanctions.

enforcement

Administrative agencies are generally considered an extension of the ______ branch of government. judicial administrative executive legislative

executive

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

executive

Administrative agencies help to carry out legislative mandates as a part of the ??? branch.

executive

After the public comment period for the published rule ends, the agency will publish the ??? rule.

final

The process of agency rulemaking that requires hearings and a record of decision making is: ______. codification internal marketing enabling legislation formal rulemaking

formal rulemaking

Administrative law is not a separate body by itself, but is drawn from: ______. four sources of law acting together. public comment.. off-year elections. the law of eminent domain.

four sources of law acting together.

Courts may set aside agency actions that: ______. have not been approved by the Senate in its advice and consent role. go beyond the authority granted by the enabling statutes. do not have the approval of Congress. require large expenditures of money.

go beyond the authority granted by the enabling statutes.

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

informal rulemaking

An agency may ______ allegations of wrongdoing and recommend appropriate punishment as part of its enforcement powers. investigate order commence enforce

investigate

The powers of an administrative agency may be limited by the: ______ (Check all that apply) legislative branch. executive branch. administrative law judge. judicial branch.

legislative branch. executive branch. judicial branch.

Agencies often have the authority to issue, renew, suspend, or revoke a business

license

Professionals such as stock brokers, doctors, or accountants may be granted a(n)______ by a governing agency to engage in their professions within the state they reside. policy permit license right

license

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

licensing

An agency's ______ powers include the authority to fine or restrict businesses that violate agency regulations.

licensing

Transparency and accountability in agencies is accomplished through statutorily authorized citizen suits as well as: ______. (Circle all that apply) arbitrary and capricious findings mandatory-disclosure Chevron deference open-meeting laws

mandatory-disclosure open-meeting laws

Under FOIA, the government may withhold certain documents in limited circumstances, such as: _______. (Check all that apply) procedural defects national defense private medical matters inconvenience

national defense private medical matters

Agencies created within the executive branch of the government, but not within a defined department, are ______ agencies.

nondepartmental

Some administrative agencies regulate professional conduct by granting licenses or allow other activities by issuing ???.

permits

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

president

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

prosecutorial discretion

Open-meeting laws and citizen lawsuits are ??? provided by Congress to protect the public from agency actions.

protections

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, consequential public notice, consequential time, inconsequential public comment, substantial

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: written documentation. arbitrary and capricious judgments. reasoned consideration of all relevant factors. arbitrary choices.

reasoned consideration of all relevant factors.

A final rule published in the Code of Federal Regulations (CFR) is called a(n): statute. law. policy. regulation.

regulation.

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

regulation.

Agencies must be able to prove that their actions were taken using reasoned decision-making based on ______. viable alternatives capricious factors arbitrary factors relevant factors

relevant factors

Factors considered by a court that would indicate an agency's actions were arbitrary and capricious would include the agency: ______. (Check all that apply.) relying on factors not intended by Congress. relying on testimony of scientific experts. making a decision that doesn't comport with the evidence before the agency. failing to consider important aspects of the case.

relying on factors not intended by Congress. making a decision that doesn't comport with the evidence before the agency. failing to consider important aspects of the case.

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: a Congressional hearing. publication of discredited research. public comment. research of various options.

research of various options.

After the public comment period, agencies may ______ the proposed rule or may publish the ______ rule. revise, conditional revise, final revoke, final retract, final

revise, final

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

rule

Administrative agencies exert their legislative powers through: ______. licensing adjudication enforcement rulemaking

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.

rulemaking

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

rulemaking

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

rules

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

statutory

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

study

Citizen suits against the government cannot be used to attack the ______ of a regulation that has been properly promulgated. substance enabling statute legitimacy moral authority

substance

Agencies must publish public notice of its proposed rules, including: ______. the actual terms, substance, and description of the rule any plans to revise or restrict the proposed rule new agency policies related to the rule a schedule of the previous investigation and research

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: ______. Congress requests additional comment. the revised rule is substantially different from the original rule. the revised rule is a logical outgrowth of the original rule. a legal challenge has been filed against the agency.

the revised rule is substantially different from the original rule.

Courts go beyond the language of the statute and examine an agency's actions under the arbitrary and capricious standard when: ______. the court is acting in place of an ALJ. the statute is silent or ambiguous. Congress has failed to pass an enabling statute. the agency has not provided justification for its actions.

the statute is silent or ambiguous.

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

transparency