law 300 chapter 17

Observations of regulatory violations made from areas open to the public are known as:

"open-field" observations

About how many federal agencies share the responsibility for regulating various aspects of business activity?

50

The usual public comment period for substantive rules is:

60 to 90 days

Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal agencies.

Administrative Procedures Act

The primary structure of administrative law is determined by the:

Administrative Procedures Act

In addition to being checked by judicial review, administrative agencies are also checked by:

Congress

Regulatory agencies engage in rulemaking. This authority comes primarily from:

Congress, under the Commerce and Necessary and Proper Clauses

In a hearing at an administrative agency, to determine if the law has been violated:

Constitutional rights must be protected

Under the ____ if scientific, technical, and economic information standards are not met in analyses done to support administrative agency regulations, affected parties may challenge a regulation for not being supported by adequate analysis.

Data Quality Act

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:

Federal Register

The ____ makes most documents held by federal agencies available to the public.

Freedom of Information Act

Congress created the first regulatory agency in 1887. It was called the:

Interstate Commerce Commission

The ____ requires that unless an exception applies, notice and prior consent are required before an agency can disclose information that concerns and identifies an individual.

Privacy Act

The court's review of an agency's statutory interpretation is generally afforded:

a careful review with respect to statutory interpretation, compared to a lesser review of technical judgments in the regulatory process

Administrative agencies are created when:

a problem requires expertise and supervision

A(n) ____ is a formal agency process under APA rules, which are similar to those followed in a trial.

adjudicatory hearing

Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially:

adjudicatory hearings

A(n) ____ is an authority of the government, other than a legislature or a court, created to administer a particular law.

administrative agency

The primary tool for local, state, and federal governments use to perform regulatory functions is the:

administrative agency

The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as:

administrative law

In an adjudicatory hearing a(n) ____ presides over the hearing.

administrative law judge

Substantive (legislative) rules issued by agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress

Which of the following is a form of rulemaking for an agency:

all of the other specific choices are correct

Which of the following is a primary source of administrative law:

all of the other specific choices are correct

When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must:

allow written commentaries by interested parties

In Dow Chemical Co. v. U.S., where the EPA took aerial photographs of a Dow plant to see if the plant produced too much pollution, the Supreme Court held that:

although entry to the plant was prohibited to the public, aerial photos did not violate the 4th Amendment

The administrative agency equivalent to a court trial is:

an adjudicatory hearing

Which of the following is a provision of the Government in the Sunshine Act?

an agency action taken at a meeting in violation of the Act is invalid

Adjudicatory hearings are initiated by:

an agency filing a complaint

An administrative agency is usually:

an authority of government that administers a particular law

A federal law passed by Congress granting powers to an agency is called:

an enabling statute

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

an enabling statute

The Federal Trade Commission handles:

antitrust cases

Some administrative agency investigations lead to a formal complaint being filed against a business. This may result in a trial heard by an administrative law judge (ALJ). ALJs are:

are employees of administrative agencies

A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are:

available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act

If a federal agency issues a new regulation, it may:

be challenged by parties who claim the regulation caused them legally recognized harm

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may:

be used to get confidential information

If Congress is not satisfied with the way an administrative agency is performing it:

can change how the agency operates

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a:

civil service employee of the agency

During a hearing at an administrative agency to determine if the law has been violated the agency is represented by its:

counsel

In a hearing at an administrative agency to determine if the law has been violated, the agency's ____ presents the agency's evidence in support of the complaint.

counsel

A legislative delegation:

delegates to an agency the power to perform its regulatory purpose

Administrative agencies engage in rulemaking to:

develop regulatory policies

In Invention Submission v. Rogan, the Patent and Trademark Office (PTO) used a testimonial from a client of Invention Submission (IS) as an example of someone who felt abused by a patent- marketing scheme. IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using that example in its advertising campaign about patent- marketing scams. The appeals court held that the PTO's campaign:

did not constitute as agency action and did not create legal consequences for Invention Submission so the district court was correct in dismissing the case

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by:

direct observation

Testing by the EPA for excessive air pollution emissions is an example of acquiring information by:

direct observation

Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:

direction

Which of these is not a procedural requirement for judicial review of an agency decision:

discretion

Congress can prohibit certain judicial review as long as the exception:

does not violate constitutional rights

A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority.

enabling statute

Organic statue is another term for:

enabling statute

Presidents use ____ to instruct administrative agencies to undertake certain tasks.

executive orders

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:

exhaust all administrative channels before bringing suit

The procedural requirement of ____ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts.

exhaustion

The ____ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.

exhaustion doctrine

An enabling statute is a(n):

federal law passed by Congress granting powers to an agency

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and improperly operated. She has completed all administrative channels and reviews. Loraine should file her suit:

file her suit in the court Congress specified when it wrote the enabling statute for the FAA

The Interstate Commerce Commission was the:

first modern federal regulatory agency

Suppose EPA requires polluters to report compliance with air pollution emission regulations. Which of the following statements could be true, given the power EPA is likely to have:

if a firm does exceed pollution limits and fails to file reports, it may be fined, and if a firm does exceed pollution limits, it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports, it may be fined

As agency regulatory activities have expanded, agencies have relied more heavily on:

informal agency procedures

____are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute.

interpretive rules

Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a hearing at an administrative agency:

is not an independent judge

The appeal process that serves as an external check on agency power is known as:

judicial review

____ ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress, can justify their actions, and respect constitutional rights.

judicial review

Courts may not review agency actions if:

judicial review is prohibited by statute

The procedural requirement of ____ requires that the complaining party may seek judicial review only in courts that have power to hear the case.

jurisdiction

Five procedural requirements for judicial review of a challenge to an agency decision are:

jurisdiction, reviewability, standing, ripeness and exhaustion

Congress gives an agency power and authority through a(n):

legislative delegation

When a court reviews the way an agency interprets a statute, it will use which scope of judicial review:

less scrutiny compared to review of procedural requirements

The purpose of the Government in the Sunshine Act is to:

limit secret meetings by administrative agencies

When federal agencies sue to enforce regulations, depending on the authority the agency has been granted by Congress, the agency:

may sue for civil penalties and may sue to withhold property and may sue for criminal penalties

If a statute requires that administrative rule making must be "on the record" then the agency:

must hold hearings at which witnesses appear to testify about the proposed rule

Enabling statutes are also sometimes called:

organic statutes

In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber on 238 acres without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act, the Supreme Court held that since the:

plaintiffs could not demonstrate standing, they could not challenge the Forest Service's actions in court

The aspects of agency actions given the most intense scope of review by the courts are:

procedural requirements

The details of an agency's structure and how it operates internally are covered in:

procedural rules

____ detail an agency's structure and describe its method of operation and its internal practices.

procedural rules

When an agency issues a substantive rule, it is generally required by the APA to:

provide public notice and the opportunity for interested parties to comment

The first modern federal regulatory agency was created in 1887 to regulate:

railroads

Agencies with statutory authority to require businesses to provide information may do which of the following:

rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis

Administrative agencies enforce regulations by doing which of the following:

requiring businesses to self-report and direct observation by agency personnel

The procedural requirement of ____ requires that an appellate court has the ability to reconsider an agency decision to determine whether correction or modification is needed.

reviewability

The procedural requirement of ____ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes.

ripeness

An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of:

rule making

Procedural rules issued by administrative agencies are:

rules that describe an agency's organization, method of operation, and internal practices

In a case involving judicial review of an administrative agency's decision, the court's ____ determines how far it can go in examining the action.

scope of review

In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held that:

since Congress did not directly address the issue of the bubble policy so it was up to the EPA whether or not to use it

When Congress grants courts the ability to review administrative actions, it may:

specify that judicial review is prohibited

The procedural requirement of ____ requires that a party seeking judicial review must demonstrate that it incurred an injury recognized by law as a result of the agency's action.

standing

Interpretative rules issued by administrative agencies are:

statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice

In Japan, as compared to the U.S., administrative agencies exert:

strong regulatory control over business

A legal instrument that directs the person receiving it to appear at a specified time and place to testify or to produce documents is a(n):

subpoena

Which classification of administrative rules are usually the most important:

substantive

Administrative laws with the same force of law as statutes enacted by Congress are:

substantive rules

Which classification of administrative laws have the same force of law as statues enacted by Congress:

substantive rules

Which classification of administrative laws results in a rule being a federal law:

substantive rules

Informal agency procedures may include:

tests and inspections

Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party:

the Department of Justice

An agency created during the late 1960s or early 1970s is:

the Environmental Protection Agency and the Equal Employment Opportunity Commission

Among the significant agency(s) created during the 1930s were:

the Federal Communications Commission and the Securities and Exchange Commission

A major notable expansion in administrative agencies came during which period:

the Great Depression

An administrative agency's final budget must be agreed on by:

the House of Representatives, the Senate and the President

Who ensures that an agency has not exceeded its authority or violated proper procedure in issuing a final rule:

the U.S. Court of Appeals

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if:

the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if:

the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record and a reasonable person could reach the same judgment as the agency on the basis of the agency's record

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if the following conditions are met except:

the agency's action was approved by its Congressional oversight committee

The most immediate control mechanism enjoyed by Congress for regulating administrative agencies is the ability to control agency activity through:

the budget process

Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s) of the Constitution:

the commerce clause and the necessary and proper clause

The primary source(s) of administrative law include(s):

the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court held:

the plaintiffs had no standing to bring the case because there was no injury in fact

According to the Supreme Court, what is one of the most significant legal trends of the last century:

the rise of administration bodies

Businesses have contested fines resulting from regulations that require mandatory self- reporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that:

the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment

Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected:

the violation may be cleared up informally

There is no right to trial by jury in a hearing at an administrative agency to determine if the law has been violated because:

there is no criminal or common-law cause

If evidence of regulatory violations can be obtained from observations made in areas the public has access to:

there is no need to obtain a warrant

In a hearing at an administrative agency, to determine if the law has been violated:

there is no right to a jury trial

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that:

there was sufficient evidence to uphold the citation

Administrative agencies are often created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis

Administrative agencies are generally created by:

an enabling statute of Congress

Congress authorizes the EPA to regulate air quality by reducing emissions from gasoline engines. The EPA immediately bans gas engines issues such a regulation. The new regulation is probably:

an improperly implemented substantive regulation

The Environmental Protection Agency could require a company subject to its regulations concerning pollution emissions to do all of the following except:

bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA

If a business is still unhappy with an agency's final decision after it has been reviewed by the agency head it:

can seek review by the federal court

If a business is unhappy with an agency sanction resulting from informal procedures it:

can seek review, beginning with the agency head

Which of these is not a procedural requirement for judicial review of an agency decision:

diversity

Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:

encouragement

In contrast to legislative rules, interpretative rules are:

exempt from the notice and comment requirements of the APA

The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits, the EPA may:

have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not

During a formal rulemaking process, an agency may:

hold an investigatory hearing that may include witnesses who testify about the rule

The primary purpose of the Administrative Procedures Act is:

to define procedural rules and formalities of administrative agencies

In reviewing informal agency procedures, the courts are generally most concerned about:

whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress