BLAW Ch. 17
Enabling statutes are also sometimes called:
organic statute
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
Substantive or legislative rules are in the public record for inspection before they become final.
true
Substantive or legislative rules are usually required to have public notice and comment before they take effect.
true
Substantive rules issued by administrative agencies have the same force and effect of law as Congressional statutes.
true
The Data Quality Act requires agencies to ensure the quality of scientific, technical and economic information in regulatory standards.
true
The Equal Employment Opportunity Commission is newer than most federal agencies.
true
The Government in the Sunshine Act holds that if an agency decision is made at a meeting held in violation of the Sunshine Act, the decision is valid.
true
The Government in the Sunshine Act requires advanced public notice of most regulatory meetings.
true
The Privacy Act protects information about individuals from full disclosure by administrative agencies.
true
The Supreme Court had held that there may be no judicial review of an agency action unless the agency decision is final.
true
The administrator of an agency may have authority to issue subpoenas to employees to search for evidence of wrongdoing by firms under their regulatory control.
true
The final decision of the head of an administrative agency or commission may usually be appealed to the U.S. Court of Appeals.
true
Through rulemaking procedures an agency develops administrative rules and spells out its regulatory policy.
true
The usual public comment period for substantive rules is:
60 - 90 days
Who ensures that an agency has not exceeded its authority or violated proper procedure in issuing a final rule:
US Court of Appeals
In addition to being checked by judicial review, administrative agencies are also checked by:
congress
During a hearing at an administrative agency to determine if the law has been violated the agency is represented by its:
counsel
A legislative delegation:
delegates to an agency the power to perform its regulatory purpose
Administrative agencies engage in rulemaking to:
develop regulatory policies
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
direction
Which of these is not a procedural requirement for judicial review of an agency decision:
discretion
Which of these is not a procedural requirement for judicial review of an agency decision:
diversity
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
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
Observations of regulatory violations made from areas open to the public are known as:
"open-field" observations
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
Regulatory agencies engage in rulemaking. This authority comes primarily from:
Congress, under the Commerce and Necessary and Proper Clauses
Congress created the first regulatory agency in 1887. It was called the:
Interstate Commerce Committee
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 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
When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must:
allow written commentaries by interested parties
A(n) ____ is a formal agency process under APA rules, which are similar to those followed in a trial.
an adjudicatory hearing
Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially:
an adjudicatory hearing
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
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
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 ____ 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
When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:
federal register
The Interstate Commerce Commission was the:
first modern federal regulatory agency
The ____ makes most documents held by federal agencies available to the public.
freedom of information act
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
Administrative rules are classified as substantive (legislative), interpretative, and:
procedural
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
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
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
About how many federal agencies share the responsibility for regulating various aspects of business activity?
50
In a hearing at an administrative agency, to determine if the law has been violated:
Constitutional rights must be protected
Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party:
Department of Justice
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
A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority.
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
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 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 Congress is not satisfied with the way an administrative agency is performing it:
can change how the agency operates
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
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
Congress can prohibit certain judicial review as long as the exception:
does not violate constitutional rights
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
A court's review of an agency's procedural requirements is generally "minimal"
false
A key source of administrative law is the Government in the Sunshine Act.
false
A party injured by an administrative rule always has the right to seek review of the rule in federal court.
false
Administrative agencies are generally created by the Supreme Court to solve a legal problem that requires expertise, flexibility, and continuous supervision.
false
After a regulation is finalized in the Federal Register it is no longer subject to review.
false
Agencies may obtain subpoenas, allowing them to inspect regulated facilities, only by a showing to a federal judge or magistrate of suspected violations.
false
Agency inspections by direct observation of a business and its activities always require a search warrant.
false
All administrative rules are formally called procedural rules.
false
All citizens have standing, under the Constitution, to challenge the constitutionality of any new regulation.
false
All federal courts have jurisdiction to hear appeals from administrative agency actions.
false
An adjudicatory hearing by an agency about a regulatory violation is often requested by companies hoping to clear the matter.
false
An adjudicatory hearing may be informal, not subject to procedural rules, so that the parties may negotiate a resolution without concern for details.
false
At administrative hearings run by administrative law judges, witnesses may not be called.
false
Businesses do not have to comply with subpoenas from regulatory agencies, they must come from a U.S. Attorney to be fully enforceable.
false
Businesses do not have to provide confidential information to a government agency in administrative law matters.
false
Congress requires all regulatory agencies to compute cost-benefit and risk analysis to justify major new regulations prior to their being issued.
false
Decisions of Administrative Law Judges may be appealed directly to the Supreme Court.
false
For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, interest, challenge, and exhaustion.
false
Interpretative rules may never be challenged by parties affected by such rules.
false
Judicial review of administrative agency actions may only look for evidence of violations of constitutional rights.
false
Most "informal" agency procedures are more costly than formal procedure.
false
Once a business is subject to a regulation, an agency does not need a subpoena to obtain records relevant to following the regulation.
false
Once an agency has been granted authority to control an area of concern, such as the EPA controls certain pollution, Congress may not interfere with agency functions.
false
Only civil penalties may be imposed on violators of regulations imposed by administrative agencies.
false
Rules that identify an agency's structure, method of operation, or detail its internal practices are called substantive or legislative rules.
false
Substantive or legislative rules are statements issued by an agency to provide its staff and the public with guidance about interpretation of a statute or regulation.
false
The Administrative Procedures Act controls the appeals process from agency actions.
false
The Federal Administrative Act established many of the basic principles of modern administrative law.
false
The Federal Trade Commission was established in 1935 to attack monopolies.
false
The Freedom of Information Act requires federal agencies to make public all information gathered in investigations.
false
The Securities and Exchange Commission (SEC) is a major administrative agency created during the late 1960s.
false
The Supreme Court has established the right of a citizen to demand a jury trial in administrative hearings run by administrative law judges.
false
The Supreme Court has ruled that agencies do not need search warrants to inspect business property.
false
The Supreme Court has ruled that agencies have the right to control all aspects of material posted on the Internet.
false
The first federal administrative agency was the Federal Trade Commission.
false
There are about 250 federal regulatory agencies issuing about two thousand pages of regulations each year.
false
When agencies write substantive (legislative) rules they must receive approval of Congress before becoming effective.
false
]Agency regulations issued under proper rulemaking procedures require approval by the President.
false
As agency regulatory activities have expanded, agencies have relied more heavily on:
informal agency procedures
Which of the following is a benefit of agencies using informal procedures:
informal procedures generally require less time & cost less
____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
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
When Congress grants courts the ability to review administrative actions, it may:
only specify that in rem jurisdiction is permitted
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
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 & inspections
The primary source(s) of administrative law include(s):
the Administrative Procedures Act and court decisions reviewing agency decisions
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
An administrative agency's final budget must be agreed on by:
the House of Representatives, the Senate and the President
The most immediate control mechanism enjoyed by Congress
the budget process
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.
the data quality act
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
A major notable expansion in administrative agencies came during which period:
the great depression
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 5 th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5 th 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
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
The primary purpose of the Administrative Procedures Act is:
to define procedural rules and formalities of administrative agencies
63. Agencies may gather evidence in an informal manner, such as discussions with business managers.
true
A business that volunteers information that it has violated a regulatory standard may be punished for that violation.
true
A court's review of an agency's substantive determinations generally receives the lowest scope of judicial review.
true
A party seeking a court challenge to an agency decision or action must have standing to seek judicial review.
true
Administrative law consists of enabling statutes, the Administrative Procedures Act, and court decisions about agency actions.
true
Administrative law judges issue written opinions after hearings on administrative complaints.
true
An adjudicatory hearing by an agency is subject to the Administrative Procedure Act.
true
An adjudicatory hearing is a formal process run by an agency similar in fashion to a court trial, but does not use juries.
true
An administrative agency can be defined as an authority of the government, other than a legislature or a court, created to administer a particular law.
true
An administrative law judge is not a federal judge but an employee of an administrative agency.
true
An agency's authority is generally provided by Congress in an enabling statute that creates an agency.
true
Before an appeal of the decision of an administrative agency may be made to a federal court, all appeal processes within the agency must be exhausted first.
true
Before an appeal to a federal court may be made, an agency decision must be "ripe" for review, meaning the courts will not intervene in agency process still underway.
true
Businesses subject to regulation can be made to report to the regulatory agency on a routine basis, including any violations of the law they commit.
true
Comments that are filed by interested members of the public about proposed regulations can form the basis of a legal challenge to a rule that is finalized and failed to take note of a valid critical comment.
true
Congress can control agency activities through the budget process.
true
Congress established the Interstate Commerce Commission as the first federal agency to regulate railroads.
true
Congress gives administrative agencies power through legislative delegations.
true
Congress may restrict judicial review of agency actions.
true
Decisions of Administrative Law Judges are appealed to the head of their agency.
true
For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, reviewability, standing, ripeness and exhaustion.
true
If an agency, in enforcing a substantive (legislative) rule, does not follow its own procedural rules, a challenge to the agency's decision is likely to be upheld.
true
If necessary, a federal agency would be allowed to order the destruction of the property of a business in violation of a regulation.
true
In addition to civil and criminal penalties, agencies are generally given authority to impose other types of special sanctions, such as seizing company property.
true
In addition to civil and criminal penalties, agencies may seek injunctions to stop a person or business from engaging in behavior that violates a particular statute..
true
In general, a court will overturn an agency's substantive determination only if it is arbitrary and capricious.
true
In reviewing agency informal procedures, the courts are generally most concerned that the agency procedure was fair and consistent with the intent of Congress.
true
Informal agency procedure may include testing and inspections as well as the processing of permits.
true
Interpretative rules guide the staff of an agency as to how substantive rules or statutes should be viewed in practice.
true
Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act.
true
Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals.
true
One agency created in the 1930s was the Federal Communications Commission.
true
One meaningful check on administrative agencies is judicial review.
true
Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year.
true
When a regulatory agency brings criminal charges against a company, it must work with the Department of Justice to carry the matter forward.
true
the Administrative Procedures Act is a major source of administrative law.
true
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
