BLAW - Ch. 17

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

Constitutional rights must be protected

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,

adjudicatory hearings

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

Adjudicatory hearings are initiated by

an agency filing a complaint

Administrative agencies are generally created by

an enabling statute of Congress

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

an improperly implemented substantive regulation

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

A legislative delegation

delegates to an agency the power to perform its regulatory purpose

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

In contrast to legislative rules, interpretative rules are:

exempt from the notice and comment requirements of the APA

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 through all possible agency appeal processes before

exhaustion

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

Which sanction is not available to any federal regulatory agency?

imposition of a fine revocation of a business license assessment for damages destruction or seizing of business property (all are available)*

Enabling statutes are also sometimes called

organic statutes

Procedural rules issued by administrative agencies are

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

In Japan, as compared to the US administrative agencies exert

strong regulatory control over business

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

substantive rules

In Lujan v. Defenders of Wildlife, where foreign aid decisions of the US 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

The usual public comment period for substantive rules is

60 to 90 days

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

Congress

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

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

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

The Federal Trade Commission handles:

antitrust cases

If a federal agency issues a new regulation, it may

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

Presidents use ______ to instruct administrative agencies to undertake certain tasks

executive orders

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

exhaustion doctrine

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 s substantive (legislative), interpretative, and

procedural

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

Which classification of administrative rules are usually the most important

substantive

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

the Great Depression

An administrative agency's final budget must be agreed on my

the House of Representatives, the Senate and the President

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

the budget process

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

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

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

Federal Register

Administrative agencies are often created when

a problem requires expertise and supervision

The administrative agency equivalent to a court trial is

an adjudicatory hearing

Administrative agencies engage in rulemaking to

develop regulatory policies

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

judicial review

A _________ is an authority of the gov't, other than a legislature or a court, created to administer a particular law

legislative agency

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

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

50

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

Congress, under the Commerce and Necessary and Proper Clauses

In Dow Chemical Co. v. US where the EPA took aerial photographs of a Dow plant 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

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

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

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

can seek review, beginning with the agency head

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

counsel

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

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

direction request warning encouragement

Congress can prohibit certain judicial review as long as the exception

does not violate constitutional rights

An _________ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority

enabling statute

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 informal procedures generally cost less

_________ are statements issued by an agency to provide its staff and the public with guidance about what a certain statute or substantive rule or congressional statute

interpretive rules

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

judicial review

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, review-ability, standing, ripeness and exhaustion

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

legislative delegation

When federal agencies sue to enforce regulations, depending on the authority the agency has even 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

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

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

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

procedural law

Which of the following is an example of a sanction offered by the APA

prohibition, requirement, limitation, or other condition affecting the freedom of a person withholding of relief imposition of a penalty or fine destruction, taking, seizing, or withholding of property (all correct))*

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

Which of the following is a way in which information about compliance with federal laws is obtained

regulated businesses ar required to self-report direct observation determines if a business is following the law agency subpoena power is used to require a business to produce documents (all correct))**

Administrative agencies enforce regulations by doing which of the following:

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

The procedureal 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 agencys decision is final so that the court will have the final issues in the case before it and not hypthetical questions or unresolved disputes

ripeness

In Chevron USA 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 / permitted

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

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

subpoena

Which of the following is a classification of administrative rules

substantive legislative interpretative procedural

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

substantive rules

Informal agency procedures may include

tests and inspection processing applications negotiations with parties in trouble advisory opinions (all correct)*

Which of the following is an example of an informal procedures for enforcing compliance with regulations

tests and inspections negotiations settlements (all correct)*

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

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

the US Court of Appeals

Congress has authority to create regulatory agencies and give them powers to enact rules under which clauses of the Constitution:

the commerce clause and the necessary and proper clause

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

the enabling statutes of administrative agencies the Administrative Procedures Act rules issued by administrative agencies court decisions reviewing the validity of agency actions (all correct))*

The primary source of administrative law includes

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

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 of 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 trail

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commision, 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

The primary purpose of the Administrative Procedures Act is

to define procedural rules and formalities of administrative agencies