Ch. 23 administrative agencies + quiz questions
fair notice
the notion that regulatory agencies must give notice to those affected by its regulations (of what will be expected in the future)
exhaustion doctrine
the principle that a complaining party seeking court review must first exhaust all administrative remedies before seeking court review
administrative process
the process used to fulfill an agency's 3 basic functions: rulemaking(legislature), enforcement(executive branch), and adjudication (the courts)
independent agency
these agencies are outside the federal departments, the president's power is less pronounced in regard to independent agencies, whose officers serve for fixed terms and cannot be removed without just cause
executive agencies
these agencies that are part of the executive branch, which assist the president in carrying out executive functions, and the subagencies within the cabinet departments. usually have a single administrator, director, or secretary who is appointed by the president to oversee the agency and can be removed by the president at any time
notice-and-comment rulemaking
this is what agency must do to make a rule. publication of a notice of a proposed rulemaking in the federal register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the federal register
administrative regulations have benefits, but the benefits can entail considerable costs for business: T or F
true
congress can exercise authority over the power of an administrative agency by revising its funding, changing its responsibilities, or abolishing it altogether: T or F
true
the president can limit the power of an administrative agency through their ability to appoint the officer that controls the agency: T or F
true
under the administrative procedure act, a party seeking judicial review of an agency decision must first exhaust all administrative remedies
true
legislative rule
An administrative agency rule that carries the same weight as a congressionally enacted statute.
independent regulatory agencies such as the federal communications commission are:
outside the federal executive departments
subpoena duces tecum
"bring it with you" compels an individual or organization to hand over books, papers, records, or documents to the agency
administrative agencies lack the time, the resources, and the expertise to make the detailed decisions required for regulation: T or F
false
types of agencies
executive and independent
subpoena ad testificandum
is a writ, or order, compelling a witness to appear at an agency hearing
the administrative procedure act (APA)
the absence of directives from congress concerning an issue
administrative agency
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.
Delta Water Company is subject to a decision by the Environmental Protection Agency. Delta appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision
changed the agency's prior policy without justification
organic frozen foods corporation is subject to regulations issued by the food and drug administration, which is a federal agency. these regulations are part of the body of:
administrative law
the rules of administrative agencies can be:
as binding as laws passed by congress
After a final rule is issued, an administrative agency conducts investigations to monitor
compliance with the rule
the securities and exchange commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. the first step is
publishing a notice of the proposed rulemaking
according to the US supreme court, courts should defer to the interpretation of law of an administrative agency: T or F
true
the delegation doctrine
A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to make and implement laws to administrative agencies. The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.
Bureaucracy
A large, complex organization that is structured hierarchically to carry out specific functions
interpretative rule
A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces
enabling legislation
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency. these agencies can exercise only the powers given to them by congress within this term
persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on:
congress
data inc. pays income and other taxes collected by the intellectual revenue service (IRS). like other federal administrative agencies, the IRS was created by:
congress, through enabling legislation
bath & kitchen inc. is subject to a decision by the consumer product safety commission. opposed to the decision, the firm wants a court to review it. first, however, the firm must:
exhaust all possible administrative remedies
an administrative law judge's decision on a dispute over an administrative action is the final order of the agency - no appeal is possible: T or F
false
by delegating some authority to make and implement laws to an administrative agency, congress gives up its ability to monitor a particular area: T or F
false
final rules do not have binding legal effect until the courts confirm them: T or F
false
notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule, commenting on it, and then issuing a rule: T or F
false
congress exercises authority over agency powers through:
legislation - congress gives power through enabling legislation and can take power away - or even abolish the agency itself through subsequent legislation congress can revise the time and monetary limits on the funding of particular programs set through enabling legislation has the authority to investigate the implementation of its laws and the agencies that it has created has the power to "freeze" the enforcement of most federal regulations before the regulations take effect.
the food and drug administration (FDA) is investigating reports that caplets corporation is putting potentially harmful additives Doze, a new pain relief medication. The FDA's demands for particular documents from caplets:
must be specific and adequately describe the material being sought