BLAW 300 CH. 19 EXAM 2

Define Legislative Rules

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

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? 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.

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

True

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.

Define Interpretive Rules

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

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

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

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

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

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

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

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: 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

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.

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.

Federal Reserve System Board of Governors (the Fed)

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

Important Treasury Subagencies

Internal Revenue Service; U.S. Mint

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.

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.

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

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

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

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

Define Duces Tecum.

Duces Tecum: to compel documents to be provided

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.

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.

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

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.

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.

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

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.

What is the Administrative process

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

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.

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

compliance with administrative and agency laws.