Ch 17
he Federal Agency of Automotive Repairs (FAAP) revised a rule that had been originally proposed but not yet published as final. Under these circumstances, what is the legal obligation that the FAAP has to provide in terms of additional comment periods?
as no obligation to provide an additional comment period.
For the last several decades, presidents have exercised __________________ power over administrative agencies.
dirct
The power of federal agencies as to when and whom to regulate is known as
prosecutorial discretion
The Department of Education proposed a new rule that was published in the Federal Register. What is the next step in the process?
Public comment
Katrina is upset that the Federal Agency of Secretive Things has refused to make information about their activities public. She wants the agency to hold some of their meetings in public. Which of the following would support her desire?
The Government in the Sunshine Act
Sheila filed a citizen's suit against the Department of Airplane Safety. Which of the following would Shiela's suit not be allowed to attack?
The substance of a regulation properly promulgated.
In which of the following occasions would formal rulemaking be used by a federal agency?
When Congress has specifically indicated in the enabling statute that agency rules must be made on the record after a hearing.
What function is Horatio, an administrative court judge in a federal agency, fulfilling when he decides whether a corporation violated a rule of his agency?
adjudication
The judicial function of administrative agencies is known as
adjudication.
Theophilus sued the Department of Train Punctuality (DTP) for alleged failure to enforce their own regulations, which resulted in thousands of dollars of losses to his business. Which of the following would this action be known as?
citizen suit
Administrative law is considered a/an
combination of distinct sources of laws acting in tandem.
The Administrative Procedures Act does all of the following except
establishing the number of senators who must vote to approve the nomination of a senior member of a federal agency.
In federal agencies, adjudication is
hearing in which the government and private party presents evidence in a quasi-judicial setting.
Under the Administrative Procedures Act, a federal district court judge has the power to void federal agency actions or aside actions inconsistent with the Constitution under the general power of whom?
judicial review.
The Department of Cute Ferrets, a U.S. federal government agency, has decided to make some revisions to a final agency rule. The proposed revisions are minor and within the original scope of the rule. These revisions will not automatically trigger the requirement for a second public comment period under the
logical-outgrowth test.
If the U.S. Congress desires to establish an administrative agency, the correct method is for Congress to
pass an enabling statute.
With regard to federal agencies, the U.S. Constitution
places limits on the type of powers that agencies may exercise and also places limits on the methods that agencies may employ in carrying out their duties.
