BLAW Test #2 Ch. 17

When agencies write substantive (legislative) rules they must receive approval of Congress before becoming effective.

False

Administrative law consists of enabling statutes, the Administrative Procedures Act, and court decisions about agency actions.

True

Agencies may gather evidence in an informal manner, such as discussions with business managers.

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

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 rule-making procedures an agency develops administrative rules and spells out is regulatory policy.

True

There are about 250 federal regulatory agencies issuing about two thousand pages of regulations each year.

False

Administrative law judges issue written opinions after hearings on administrative complaints.

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

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

direct observation

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

Congress

Regulatory agencies engage in rule-making. This authority comes primarily from:

Congress, under the Commerce and Necessary and Proper Clauses

Congress requires all regulatory agencies to compute cost-benefit and risk analysis to justify major new regulations prior to their being issued.

False

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

Freedom of Information Act

A party seeking a court challenge to an agency decision or action must have standing to seek judicial review.

True

Administrative agencies engage in rule-making to:

none of the other choices

An administrative agency is usually:

none of the other choices

Enabling statutes are also sometimes called:

organic statutes

Administrative agencies enforce regulations by doing which of the following:

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

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

the Administrative Procedures Act and court decisions reviewing agency decisions

Decisions of Administrative Law Judges are the final resolutions of administrative complaint matters.

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

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 the citation would be stricken because there was evidence of bias and hostility by the inspector toward the company.

False

In "Chevron v. NRDC" the Supreme Court held that court of appeals was correct that the EPA had taken too much power to itself by allowing a "bubble" concept for air pollution regulation at major stationary sources in violation of the desire of Congress.

False

In "Chevron v. NRDC" the Supreme Court held that the court of appeals, when considering challenges to agency regulations, must review the matter "de novo" like any other case that has been appealed.

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

Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act.

True

Most appeals of regulatory agency rule-making go to the U.S. Court of Appeals.

True

Most comments on proposed rules are submitted in writing, rather than given as oral testimony.

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

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 Administrative Procedures Act is a major source of administrative law.

True

The Administrative Procedures Act requires that notice of proposed agency rules appear in the Federal Register so there is a chance for the public to see the rule.

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 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

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

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 rule-making to:

develop regulatory policies

The Department of Labor issued an interpretive rule (opinion letter) in 2001 about how mortgage-loan officers were to be treated with respect to overtime pay. The rule was reversed in 2006 then reversed again in 2010. The Mortgage Bankers Association objected to the change, contending the 2010 ruling was invalid because there was no notice-and-comment period for the change. On appeal, the Supreme Court held that the notice-and-comment:

did not apply to an interpretative rule, so the changes were valid

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

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

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 hot it operates internally are covered in:

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

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 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

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

Administrative law judges are appointed by the president with the consent of the Senate for 10 year terms of office.

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

Agency regulations issued under proper rule-making procedures require approval by the President.

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

As a result of the Supreme Court case "Dow Chemical v. U.S.," administrative agencies are required to obtain a search warrant before they conduct observations.

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

Comments on proposed regulations may be filed only by parties with standing to address the regulation.

False

In "Dow Chemical Co. v. U.S." the Supreme Court rule that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because business property is not protected by the 4th Amendment, unlike personal property.

False

In "Lone Mountain Processing v. Secretary of Labor," a mining firm failed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that under federal law responses must be filed within 30 days or there could be no review.

False

In "Lujan v. Defenders of Wildlife," the Supreme Court held that for a party to have standing to challenge an administrative decision they must be "an interested party."

False

In "Lujan v. Defenders of Wildlife," the Supreme Court upheld the standing of an environmental group to challenge construction of a dam. in Egypt supported by U.S. aid where construction threatened an endangered crocodile.

False

In "Summers v. Earth Island Institute" the Supreme Court held that an environmental group had standings as representatives of concerned citizens to seek judicial review of a Forest Service decision to log a burned area of forest.

False

In "Summers v. Earth Island Institute" the Supreme Court held that environmental and other citizen groups have the right to intervene to challenge most regulatory decisions.

False

In Japan, administrative law, in general, has less impact on business than in the U.S.

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

Many federal administrative agencies were created during the Civil War.

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 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 administration agency was the Federal Trade Commission.

False

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

Federal Register

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

A business that volunteers information that is 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

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 not 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 has authority to create administrative agencies due to the Commerce and the Necessary Proper Clauses of the Constitution.

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, review-ability, 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 "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 there was sufficient evidence to uphold the citation.

True

In "Chevron v. NRDC" the Supreme Court held that the court of appeals, when considering challenges to agency regulations, must give deference to an agency's "construction of a statutory scheme."

True

In "Chevron v. NRDC" the Supreme Court held that the court of appeals, when considering challenges to agency regulations, must give deference to the agency decision unless the regulations are arbitrary or contrary to a statute passed by Congress.

True

In "Dow Chemical Co. v. U.S." the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because the property could be observed by anyone from the air.

True

In "Dow Chemical Co. v. U.S." the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs in search of evidence of violations of the law.

True

In "Lone Mountain Processing v. Secretary of Labor," a mining firm failed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that the agency was inconsistent in when it allowed review, which was arbitrary and capricious, so review would be granted.

True

In "Lujan v. Defenders of Wildlife," the Supreme Court held that for a party to have standing to challenge an administrative decision they must have suffered an "injury in fact."

True

In "Summers v. Earth Island Institute" the Supreme Court held that an environmental group did not have standing to seek judicial review of a Forest Service decision to log a burned area of forest.

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

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

FAH story. The FAH agents need which of the following to inspect the premises of Elroy's Tackle Shop legally?

a search warrant

FAH story. When FAH promulgates its rule regarding the employment of homeless persons, what type of rule is the agency issuing?

a substantive or legislative rule

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

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 way that Japanese agencies may use to exert regulatory authority over businesses:

all choices are correct - direction - request - warning - encouragment

Which of the following is a form of rule-making for an agency:

all choices are correct - issuing formal rules or regulations - providing informal policy guidance documents that explain how an agency views the law - developing a quasi-common law through issuing decisions in individual cases - issuing formal or informal rulings that apply to individual transactions but do not set precedents

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

all choices are correct - regulated businesses are 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

Under the Government in the Sunshine Act, an agency is not required to have an open meeting when the meeting concerns:

all choices are correct - secrets related to national defense - disclosures of trade secrets - disclosures of protected financial information

Which of the following is a classification of administrative rules:

all choices are correct - substantive - legislative - interpretative - procedural

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

all choices are correct - tests and inspections - negotiations - settlements

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

all choices are correct - the agency has sufficiently explained the facts and its policy concerns - the agency has established a factual basis that is in the agency's record - public opinion strongly supports the agency's decision

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

all choices are correct - the enabling statutes of administrative agencies - the Administrative Procedures Act - rules issued by administrative agencies - court decisions reviewing the validity of agency actions

Which of the following documents are exempt from being released upon request to the public under the Freedom of Information Act.

all choices are correct - trade secrets - documents related to national security - documents that would invade personal privacy if released

Which sanction is not available to any federal regulatory agency?

all of the above are available - imposition of a fine - revocation of a business license - assessment for damages - destruction or seizing of business property

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

all of the above are correct - 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

Informal agency procedures may include:

all of the choices - tests and inspections - processing applications - negotiations with parties in trouble - advisory opinions

When an administrative agency engages in rule-making, 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

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

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 costs of installing monitoring equipment required by the EPA

Which of the following is a benefit of agencies using informal procedures:

both a and b - informal procedures generally require lest time - informal procedures generally cost less

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 b an Administrative Law Judge or ALJ. An ALJ is a:

civil service employee of the agency

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

diversity 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

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

executive orders

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 the 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

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

FAH story. Before Elroy can take his case to court, which of the following procedural requirements must he meet?

he must have exhausted all administrative channels and he must take the case to the correct court

During a formal rule-making process, an agency may:

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

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 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

FAH story. Assume for this question that the rule is a substantive rule. What must FAH do before it issues a final substantive rule?

it must provide public notice of the rule and it must provide for a public comment period

FAH story. When Congress wants to create the FAH, what action must it undertake?

it will need to pass an enabling statute creating FAH

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, review-ability, standing, ripeness and exhaustion

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

legislative agency

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:

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

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

none of the choices

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

none of the other choices

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

none of the other choices

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

only specify that in rem jurisdiction is permitted

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 Decision-making 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

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

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 of 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

FAH story. Suppose FAH claims its rule is an interpretative rule, not subject to court review, that it is not a substantive rule. If Elroy later sues the agency, what will the likely outcome of the case be? A court will:

rule that the agency did not follow proper procedures because it is a substantive rule

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

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

FAH story. If a court were to review actions of the FAH in promulgating the June, 2009 rule, what scope of review would a court use?

strict scrutiny because procedural issues are involved

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 results in a rule being a federal law:

substantive rules

Informal agency procedures may include:

tests and inspections

Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas were homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the "Federal Register" in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5,000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. In addition to the legislation that creates FAH, which other piece of federal legislation will play a key role in the administrative functioning of the agency?

the Administrative Procedures Act

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 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

FAH story. In "Lone Mountain Processing v. Secretary of Labor," a mining firm failed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that:

the MSHA was inconsistent about when it allowed matters to be reopened after 30 days, so it could not arbitrarily reject to reconsider this citation

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

FAH story. When the FAH agents appeared at Elroy's door in October, 2003 the agents were acting under which kind of Congressionally delegated power?

the investigative power

In "Lujan v. Defenders of Wildlife," where foreign aid decision 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

The primary purpose of the Administrative Procedures Act is:

to define procedural rules and formalities of administrative agencies

FAH story. Why might Congress have created the FAH?

to resolve a problem demanding expertise and demanding supervision

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