BLAW 300 CH. 19 EXAM 2

How do administrative agencies enforce their rules?

-Inspections and tests of business facilities and products -Subpeonas --Ad Testificandum --Duces Tecum -Search Warrants for specific items to be seized. Warrantless searches are allowed for emergencies.

Describe Notice-and-comment rule-making

-Provide notice of the proposed rule -A comment period -The final rule Part of the Administrative Process

What sequence of events must normally occur before an agency rule becomes law?

-Provide notice of the proposed rule -A comment period to give interested parties time to express their views, either written or orally at hearings -The final rule is drafted and published.

The Administration Procedure Act (APA) is made up of what two things?

1. Arbitrary and capricious test 2. Fair notice

What questions do the new standard (set by the Chevron case) involve?

1. Did Congress directly address the issue in dispute in the statute? If so, the statutory language prevails. 2.If the statute is silent or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have interpreted the law differently.

What is typically considered to determine if an agency was arbitrary or capricious, since this standard doesn't have a precise definition?

1. Failed to provide a rational explanation for its decision. 2. Changed its prior policy without justification. 3.Considered legally inappropriate factors. 4.Failed to consider a relevant factor. 5.Rendered a decision plainly contrary to the evidence.

What are the three basic functions of most administrative agencies?

1. Rulemaking 2. Investigation 3. Adjudication

Why is Settlement an appealing option to firms? (two reasons)

1. to avoid appearing uncooperative 2. to avoid the expense involved in formal adjudication proceedings and in possible later appeals.

What is a Delegation Doctrine?

A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.

Define Administrative Agency

A federal or state government agency established to perform a specific function. Regulate many areas of our government, community, and businesses.

What happens when substantial changes occur to a proposed rule because of public comments?

A new proposal and a new opportunity for comments are required.

Define Adjudication

A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.

Congress can ___________ an agency all together if it wishes. Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

ABOLISH

The president has the power to __________ federal officers and also the power to veto enabling legislation. Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

APPOINT

What is the Small Business Regulatory Enforcement Fairness Act (SBREFA)?

Act that allows Congress to review new federal regulations for at least sixty days before they take effect. This period gives opponents of the rules time to present their arguments to Congress.

What is the Bubble Policy?

Allows companies to offset increases in emissions in part of a plant with decreases elsewhere in the plant

Define Legislative Rules

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

Define Interpretive Rules

An administrative agency rule that explains how the agency interprets and intends to apply the statutes it enforces.

Charges that an individual or a firm has violated an administrative rule are first brought before.....

An administrative law judge

What is an Initial Order?

An agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed

Courts generally hold that Article I of the U.S. Constitution is the _________ for all administrative law. Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

BASIS

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as The _____________ of the demand on the party from whom the information is sought. Word bank: specificity / burden / relevance / purpose

BURDEN

All administrative agencies taken together are considered the ___________ of the federal government. Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

BUREAUCRACY

Important Commerce Subagencies

Bureau of the Census; Bureau of Economic Analysis; Minority Business Development Agency; U.S. Patent and Trademark Office; National Oceanic and Atmospheric Administration

The judicial branch exercises ___________ over agency powers through the courts' review of agency actions. Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

CONTROL

What is the process of Formal Administrative Adjudication

Complain ---- Answer ---- Hearing before ALJ ----Order of ALJ (Example: a cease and desist order) ---- Appeal to Governing Board of Agency ---- Final Agency Order ---- Appropriate Court for Review of Agency Decision (Usually an appellate court, but depends on the specific agency) ---- Court Order

Describe Congress's Creation and Power?

Congress creates federal administrative agencies through enabling legislation Congress gives power to an agency through enabling legislation and can take power away

How do the three branches of government limit the power of administrative agencies? Legislative Branch

Congress gives power to an agency through enabling legislation and can take power away—or even abolish an agency altogether Congress has the authority to investigate the implementation of its laws and the agencies that it has created. Congress also has the power to "freeze" the enforcement of most federal regulations before the regulations take effect.

What is the Small Business Regulatory Enforcement Fairness Act?

Congress has 60 days to review new federal regulations before they take effect.

The Arbitrary and Capricious Standard Includes Factors Rendered a decision plainly ____________ to the evidence. Word banks: Legally / prior / contrary / rational / relevant

Contrary

Federal Reserve System Board of Governors (the Fed)

Determines policy with respect to interest rates, credit availability, and the money supply.

Define Duces Tecum.

Duces Tecum: to compel documents to be provided

Agencies Can Conduct Warrantless Searches in the Following Situations: When there is an _______________ situation. Word bank: Hazardous / Emergency / Regulated

EMERGENCY

How are federal administrative agencies created?

Enabling Legislation

Nuclear Regulatory Commission (NRC).

Ensures that electricity-generating nuclear reactors in the United States are built and operated safely; regularly inspects operations of such reactors

Private communications between the ALJ and any party to the agency proceedings are known as ____________ communications.

Ex Parte Communications

Choose the two basic types of administrative agencies from the word bank: Word bank: Judicial agencies / Executive Agencies / Alternative agencies / Independent regulatory agencies / Dependent Agencies

Executive Agencies / Independent regulatory agencies

Such deference seems appropriate when applied to an agency's analysis of __________ questions. Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

FACTUAL

True or False: Interpretive Rule is legally binding

Fasle it is not legally binding

Important Transportation Subagencies

Federal Aviation Administration; Federal Highway Administration; National Highway Traffic Safety Administration; Federal Transit Administration

Important Justice Subagencies

Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Prisons; U.S. Marshals Service

Match each term to the correct definition: Terms: Adjudication Initial Order Final Order Administrative Law Judge Definitions: The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency. In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed. One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts. The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.

Final Order: The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency. Initial Order: In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed. Administrative Law Judge: One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts. Adjudication: The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.

Important Health and Human Services Subagencies

Food and Drug Administration; Centers for Medicare and Medicaid Services; Centers for Disease Control and Prevention; National Institutes of Health

Arbitrary and Capricious Test

Gives courts power to hold agencies' actions "arbitrary and capricious" if they are not in compliance with constitutional due process

Agencies Can Conduct Warrantless Searches in the Following Situations: When a statute permits warrantless searches of certain types of _______________ operations such as coal mines. Word bank: Hazardous / Emergency / Regulated

HAZARDOUS

In the Chevron case, the United States Supreme Court created a standard of broadened deference to agencies on questions of legal ________________. Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

INTERPRETATION

Following a hearing, an administrative law judge (ALJ) first issues a ....

Initial Order

Important Treasury Subagencies

Internal Revenue Service; U.S. Mint

ourts historically have granted deference to an administrative agency's ________________. Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

JUDGMENT

The Arbitrary and Capricious Standard Includes Factors Considered ___________ inappropriate factors. Word banks: Legally / prior / contrary / rational / relevant

Legally

Match each term to the correct definition: Terms: Interpretive rules Bureaucracy Legislative Rules Delegation Doctrine Definitions: Administrative agency rule that affects substantive legal rights and carry the same weight as congressionally enacted statutes. A large organization that is structured hierarchically to carry out specific functions. Administrative agency rules that simply declare policies or explain the agency's positions and do not establish any legal rights or obligations. A doctrine based on Article 1, 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.

Legislative Rules: Administrative agency rule that affects substantive legal rights and carry the same weight as congressionally enacted statutes. Bureaucracy: A large organization that is structured hierarchically to carry out specific functions. Interpretive Rules: Administrative agency rules that simply declare policies or explain the agency's positions and do not establish any legal rights or obligations. Delegation Doctrine: A doctrine based on Article 1, 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.

Important Defense Subagencies

National Security Agency; Joint Chiefs of Staff; Departments of the Air Force, Navy, Army; service academies

Important Labor Subagencies

Occupational Safety and Health Administration; Bureau of Labor Statistics; Employment Standards Administration; Office of Labor-Management Standards; Employment and Training Administration

Important Energy Subagencies

Office of Civilian Radioactive Waste Management; Office of Nuclear Energy; Energy Information Administration

Important Housing and Urban Development Subagencies

Office of Community Planning and Development; Government National Mortgage Association; Office of Fair Housing and Equal Opportunity

Important Education Subagencies

Office of Special Education and Rehabilitation Services; Office of Elementary and Secondary Education; Office of Postsecondary Education; Office of Vocational and Adult Education

Who is an administrative law judge (ALJ)?

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

The delegation doctrine holds that Congress may delegate some of its ________ by establishing administrative agencies. Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

POWERS

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as The ______________ of the investigation. Word bank: specificity / burden / relevance / purpose

PURPOSE

Define Exhaustion Doctrine

Party seeking court review must first exhaust all administrative remedies before filing suit (Judicial Controls)

Important State Subagencies

Passport Office; Bureau of Diplomatic Security; Foreign Service; Bureau of Human Rights and Humanitarian Affairs; Bureau of Consular Affairs; Bureau of Intelligence and Research

Federal Trade Commission (FTC)

Prevents businesses from engaging in purported unfair trade practices; stops the formation of monopolies in the business sector; protects consumer rights.

The Arbitrary and Capricious Standard Includes Factors Changed its __________ policy without justification. Word banks: Legally / prior / contrary / rational / relevant

Prior

National Labor Relations Board (NLRB)

Protects employees' rights to join unions and bargain collectively with employers; attempts to prevent unfair labor practices by both employers and unions.

Agencies Can Conduct Warrantless Searches in the Following Situations: Searches in certain highly ____________ industries, such as firearms or liquor. Word bank: Hazardous / Emergency / Regulated

REGULATED

Congress has the power to "freeze" the enforcement of most federal ____________ before they take effect. Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

REGULATIONS

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as The ______________ of the information being sought. Word bank: specificity / burden / relevance / purpose

RELEVANCE

The Court's decision in the Chevron case created a new standard for courts to use when ______________ agency interpretations of law. Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

REVIEWING

The Arbitrary and Capricious Standard Includes Factors Failed to provide a ____________ explanation for its decision. Word banks: Legally / prior / contrary / rational / relevant

Rational

Federal Communications Commission (FCC)

Regulates all communications by telegraph, cable, telephone, radio, satellite, and television.

Securities and Exchange Commission (SEC)

Regulates the nation's stock exchanges, in which shares of stock are bought and sold; enforces the securities laws, which require full disclosure of the financial profiles of companies that wish to sell stock and bonds to the public.

The Arbitrary and Capricious Standard Includes Factors Entirely failed to consider a _________ fact. Word banks: Legally / prior / contrary / rational / relevant

Relevant

Describe the Regulatory Flexibility Act

Requires an analysis of the cost a regulation will impose on small business and must consider less burdensome alternatives

Define the Freedom of Information Act (FOIA)

Requires federal government to disclose records on request, but denial can be challenged in court -Exempts confidential/secret information

What is the Sunshine Act

Requires that every portion of every meeting of an agency be open to public observation

Match each term to the correct definition: Terms: Rulemaking Notice-and-Comment Rulemaking Definitions: The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments. An administrative rule making procedure that involves the publication of a notice of a proposed rule making 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.

Rule making: The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments. Notice-and-comment rule making: An administrative rule making procedure that involves the publication of a notice of a proposed rule making 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.

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as The ____________ of the demand for testimony or documents. Word bank: specificity / burden / relevance / purpose

SPECIFICITY

Match each term to the correct definition: Terms: Small Business Regulatory Enforcement Fairness Act / Government in Sunshine Act / Freedom of Information Act / Regulatory Flexibility Act Definitions: Allows Congress to review new regulations for at least 60 days prior to taking effect. The governments open meeting law. Requires the government to analyze regulations for less burdensome alternatives if will impact small entities. Requires the government to disclose certain record to any person on request.

Small Business Regulatory Enforcement Fairness Act: Allows Congress to review new regulations for at least 60 days prior to taking effect. Government in Sunshine Act : The governments open meeting law. Regulatory Flexibility Act: Requires the government to analyze regulations for less burdensome alternatives if will impact small entities. Freedom of Information Act: Requires the government to disclose certain record to any person on request.

Important Agriculture Subagencies

Soil Conservation Service; Agricultural Research Service; Food Safety and Inspection Service; Forest Service

Describe the Federal Trade Commission Act

The act prohibits unfair and deceptive trade practices. It also describes the procedures that the agency must follow to charge persons or organizations with violations of the act, and it provides for judicial review of agency orders

Fair notice

The agency must provide fair notice before changing regulatory practices.

Define Administrative Law

The body of law created by administrative agencies in order to carry out their duties and responsibilities.

How do the three branches of government limit the power of administrative agencies? Executive Branch

The executive branch of government exercises control over agencies both through the president's power to appoint federal officers and through the president's veto power

What is a Final Order?

The final decision of an administrative agency on an issue.

How do the three branches of government limit the power of administrative agencies? Judicial Branch

The judicial branch exercises control over agency powers through the courts' review of agency actions

Define Bureaucracy

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.

What is the Administrative process

The procedure used by administrative agencies in the administration of law.

True or False: When the meaning of a statute's language is unclear, courts must follow agency interpretation if reasonable.

True

True or False: when the meaning of a particular statute's language is unclear and an agency interprets it, the court must follow the agency's interpretation as long as it is reasonable

True

True or False: Administrative Agencies Exist at All Levels of Government

True

True or False: Legislative Rule is legally binding

True

Important Homeland Security Subagencies

U.S. Citizenship and Immigration Services; Directorate of Border and Transportation Services; U.S. Coast Guard; Federal Emergency Management Agency

Important Interior Subagencies

U.S. Fish and Wildlife Service; National Park Service; Bureau of Indian Affairs; Bureau of Land Management

What is the Regulatory Flexibility Act?

Under this act, whenever a new regulation will have a "significant impact upon a substantial number of small entities," the agency must conduct a regulatory flexibility analysis.

Environmental Protection Agency (EPA)

Undertakes programs aimed at reducing air and water pollution; works with state and local agencies to help fight environmental hazards.

Important Veterans Affairs Subagencies

Veterans Health Administration; Veterans Benefits Administration; National Cemetery System

What was an issue in the Chevron case?

Whether the courts should defer to an agency's interpretation of a statute giving it authority to act.

Equal Employment Opportunity Commission (EEOC)

Works to eliminate discrimination in employment based on religion, gender, race, color, disability, national origin, or age; investigates claims of discrimination.

The New Chevron Standard for Courts When Reviewing Agency Interpretations of Law, which Involves the Following Two Questions: a. Did Congress ________________ addresses the issue in dispute in the statute? If so, the statutory language ______________. b. If the statute is _____________ or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have _______________ the law differently. Word bank: Prevails / Interpreted / Directly / Silent

a. Did Congress DIRECTLY addresses the issue in dispute in the statute? If so, the statutory language PREVAILS. b. If the statute is SILENT or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have INTERPRETED the law differently.

When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator. a. True b. False

a. True

William wants to obtain information from the Securities and Exchange Commission regarding the number of active cases related to insider trading. To request this information, he would need to fill which of the following with the SEC: a. a Freedom of Information Act request. b. a Sunshine Act request. c. an SEC disclosure request. d. a Regulatory Flexibility Act request.

a. a Freedom of Information Act request.

AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the U.S. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is a. an administrative agency. b. a executive agency. c. a legislative agency. d. a judicial agency.

a. an administrative agency.

BP violated the Clean Air Act by discharging pollutants from one of its refineries and was unable to reach a settlement with the EPA regarding a violation of the law. The EPA plans to go forward with a trial on this matter which will be heard by a. an administrative law judge. b. a county court judge. c. an appellate court judge. d. the Supreme Court.

a. an administrative law judge.

Federal administrative agencies are created: a. by enabling legislation passed by Congress. b. without any formal action. c. by legislative orders issued by the president.

a. by enabling legislation passed by Congress

UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation of a rule that has allowed a refinery to offset an increase in emissions relating to one part of the refinery by reducing emissions in another part of the refinery. In challenging the EPA's interpretation, a court will likely a. defer to the agency's interpretation. b. refer the matter to an agency sub-committee. c. seek advice from Congress. d. dismiss the suit for lack of standing.

a. defer to the agency's interpretation.

Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulatory agency, is known as a. enabling legislation. b. a Congressional act. c. administrative law. d. common law.

a. enabling legislation.

The EPA passes a proposed a rule change to the Clean Air Act related to the discharge of emissions by factories. The EPA's action would be considered arbitrary and capricious for all of the following reasons except: a. it failed to provide the required time for notice and comment. b. it failed to provide a rational explanation for its decision. c. it changed a prior policy without justification. d. it considered legally inappropriate factors.

a. it failed to provide the required time for notice and comment.

If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule may not be binding. a. True b. False

a. true

The law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions is the: a. Occupational Safety and Health Act. b. Administrative Procedure Act. c. Administrative Open Government Act.

b. Administrative Procedure Act.

After the Chevron case, all of those involved in rulemaking by administrative agencies accepted that decision without discussion. a. True b. False

b. False

The major function of today's federal agencies is adjudication. - hint What do agencies normally do most of the time? a. True b. False

b. False

The FDA is investigating Shari's Cosmetics for possible violation of purity regulations. The FDA wants Yasmin, their lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA a. Issues a subpoena duces tecum b. Issues a subpoena ad testificandum c. Appeals to a federal court d. conducts an on-site investigations

b. Issues a subpoena ad testificandum

Another way to describe the legislative rules that agencies create is that they are ___________ rules. a. Procedural b. Substantive c. Significant d. Irrelevant

b. Substantive

What happens when no party appeals an adjudication? a. An initial order is given. b. The ALJ's decision becomes the final order of the agency. c. A federal district court reviews the initial order. d. The ALJ dismisses the complaint.

b. The ALJ's decision becomes the final order of the agency.

One important difference between formal litigation in a court and an administrative hearing before an administrative law judge (ALJ) is that: a. the ALJ is typically not an agency employee. b. an administrative hearing can admit hearsay as evidence. c. less information is admitted during an administrative hearing. d. an administrative agency proceeding is typically far more formal.

b. an administrative hearing can admit hearsay as evidence.

The Food and Drug Administration (FDA) is investigating a report that Cherise Cosmetics Co. is in violation of purity and testing regulations. The FDA wants Yasmin, the lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA a. issues a subpoena duces tecum. b. issues an ordinary subpoena. c. appeals her decision to a federal court. d. conducts an on-site investigation to discover the information.

b. issues an ordinary subpoena.

The EPA conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings a. must be conducted in the open b. may be closed to the public c. must be advertised d. minutes must be published

b. may be closed to the public

The Environmental Protection Agency conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings a. must be conducted in the open. b. may be closed to the public. c. must be advertised, so that the public is aware that the meetings are taking place, but may be conducted privately. d. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site.

b. may be closed to the public.

The Freedom of Information Act exempts records pertaining to a. employment b. national security c. the Food and Drug Administration d. the Government in the Sunshine Act

b. national security

The Securities and Exchange Commission (SEC) charges the Able Baker Co. (ABC) with violating an administrative rule regarding the sale of securities. ABC did not realize that in its search for capital it became subject to securities regulation. ABC may attempt to settle the case rather than proceed to litigation, because a. a settlement can be more complex than litigation. b. a settlement will be more costly for the agency. c. a settlement is less costly than litigation. d. it does not want to cooperate with the SEC.

c. a settlement is less costly than litigation.

The main difference between independent regulatory agencies and executive agencies is that: a. executive agencies report only to Congress. b. independent regulatory agencies are subject only to the authority of Congress. c. executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.

c. executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.

Theo is injured at work and files a workers' compensation claim, which is administered by the workers' compensation agency in his state. His employer disputes the extent of Theo's injuries. The case is heard by an administrative law judge (ALJ), who decides the case in the employer's favor. Theo's attorney tells him that his case cannot be appealed to a court because a. he does not have standing to appeal an administrative decision, only the employer could do that. b. the decision of the ALJ is final in all administrative challenges. c. he has not first appealed the case to the workers' compensation board that heads the state agency. d. there is not an actual controversy that qualifies for judicial proceedings.

c. he has not first appealed the case to the workers' compensation board that heads the state agency.

When an agency formally creates a new rule, its first step is to: a. issue a subpoena. b. solicit public comment. c. publish a notice of the proposed rulemaking proceeding in the Federal Register.

c. publish a notice of the proposed rulemaking proceeding in the Federal Register.

A significant cost of "doing business" requires...

compliance with administrative and agency laws.

Executive agencies sometimes are referred to as the a. Fourth Estate b. Confiscatory branch of government c. Legislative branch of government d. Fourth branch of government

d. Fourth branch of government

The EPA wants to ensure that Delmar Oil Company is in compliance with federal environmental rules regarding cleanup of oil and gasoline spills. In order to do so, it: a. must rely on Shay's documentation of compliance. b. must issue a subpoena. c. must obtain a search warrant. d. can conduct an on-site inspection

d. can conduct an on-site inspection

Does an agency involved in rulemaking need to respond to all comments during the comment period?

no, the agency only must respond to any significant comments that bear directly on the proposed rule.

what are the three basic steps involved in notice-and-comment rule making? phrase bank: notice of the proposed rule making / notice to Congress / a comment period / the final rule / a preliminary rule / a postmortem

notice of the proposed rule making / a comment period / the final rule

Choose the three agencies' powers. word bank: rule making / enforcement / criminal / civil / adjudication / simplification

rule making / enforcement / adjudication

What does the Administrative Procedure Act (APA) do?

sets forth rules and regulations that govern the procedures administrative agencies follow in performing their duties.

Define Ad Testificandum

to have someone testify to the agency