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