Law 2810 - Chapter 21: Employment Discrimination

What is an administrative agency?

A federal or state government agency created by the legislature to perform a specific function.

How does administrative law differ from statutory law?

Statutory law is created by legislatures, while administrative law is created by administrative agencies.

What is the primary role of administrative agencies in relation to statutes?

To implement general statutes enacted by legislatures.

What happens when federal and state agency regulations conflict?

Federal agency regulations take precedence over conflicting state regulations.

What is enabling legislation?

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies its purpose and powers.

What limits the power of a federal administrative agency?

An agency can only exercise powers delegated to it by Congress in its enabling legislation.

What is the primary purpose of the Federal Trade Commission (FTC)?

To prohibit unfair methods of competition and deceptive trade practices.

What are the specific investigative powers granted to the FTC?

Conducting investigations of business practices, obtaining reports from corporations, and investigating antitrust violations.

How are FTC commissioners appointed?

By the president with the advice and consent of the Senate.

What is the term length for an FTC commissioner?

Seven years.

Who designates the chair of the FTC?

The president.

What are the two basic types of administrative agencies?

Executive agencies and independent regulatory agencies.

What characterizes executive agencies?

They include cabinet departments and their subagencies, assisting the president in carrying out executive functions.

Why do businesses often lobby government agencies?

To influence the regulatory environment due to the high costs associated with compliance.

Can an agency regulate beyond the powers granted in its enabling statute?

No, an agency's legal authority is strictly defined by its enabling statute.

What is the composition of the FTC commission?

Five members.

What is the body of rules, orders, and decisions issued by administrative agencies called?

Administrative law.

What is the relationship between state and federal administrative agencies?

State agencies often act as parallels to federal agencies to share regulatory responsibilities.

What does the FTC Act provide regarding agency orders?

It provides for judicial review of agency orders.

What is one of the FTC's powers regarding new laws?

The power to recommend new legislation.

What type of hearings can the FTC hold?

Trial-like hearings to resolve trade disputes involving FTC regulations or antitrust laws.

What is the effect of economic growth on administrative agencies?

As the economy grows and becomes more complex, the size and power of administrative agencies typically increase.

What are the three main functions of administrative agencies mentioned in the text?

Making rules, enforcing rules, and resolving disputes.

What can the FTC do with the findings of its investigations?

Publish them.

What is the primary source of authority for an administrative agency's actions?

Its enabling legislation.

How are the heads of executive agencies typically appointed and removed?

They are appointed by the president and can be removed by the president at any time.

What distinguishes independent regulatory agencies from executive departments?

They exist outside of federal executive departments and are not headed by cabinet secretaries.

What is the primary difference in presidential control between executive and independent agencies?

Independent agency officers serve fixed terms and cannot be removed by the president without just cause.

What is the Occupational Safety and Health Administration (OSHA) classified as?

An executive agency.

Which department oversees the Internal Revenue Service (IRS)?

The Department of the Treasury.

Which department includes the Federal Bureau of Investigation (FBI)?

The Department of Justice.

What are the primary duties of the Federal Trade Commission (FTC)?

To prevent unfair trade practices and stop the formation of monopolies.

Which agency is responsible for regulating the nation's stock exchanges?

The Securities and Exchange Commission (SEC).

What is the scope of the Federal Communications Commission (FCC)?

Regulating communications by telegraph, cable, telephone, radio, satellite, internet, and television.

What is the main purpose of the National Labor Relations Board (NLRB)?

Protecting employees' rights to join unions and bargain collectively.

What is the mission of the Equal Employment Opportunity Commission (EEOC)?

Eliminating employment discrimination based on religion, gender, race, color, disability, national origin, or age.

Which agency is tasked with reducing air and water pollution?

The Environmental Protection Agency (EPA).

What are the three core functions of administrative agencies that mirror the branches of government?

Legislative (rulemaking), executive (enforcement), and judicial (adjudication).

What is a legislative rule?

An administrative agency rule that carries the same weight as a congressionally enacted statute.

What is an interpretative rule?

A nonbinding rule or policy statement explaining how an agency interprets and intends to apply the statutes it enforces.

What is the delegation doctrine?

A doctrine based on Article I, Section 8 of the Constitution allowing Congress to delegate lawmaking and implementation power to agencies.

Under what condition is the delegation of power to an agency considered proper?

As long as Congress sets standards outlining the scope of the agency's authority.

Which department oversees the National Park Service?

The Department of the Interior.

Which department oversees the Food and Drug Administration (FDA)?

The Department of Health and Human Services.

Which department oversees the Federal Aviation Administration (FAA)?

The Department of Transportation.

Which department oversees the U.S. Coast Guard?

The Department of Homeland Security.

Which department oversees the Bureau of Labor Statistics?

The Department of Labor.

Which department oversees the National Security Agency (NSA)?

The Department of Defense.

Which department oversees the U.S. Patent and Trademark Office?

The Department of Commerce.

Which department oversees the Veterans Health Administration?

The Department of Veterans Affairs.

Why are administrative agencies sometimes called the 'fourth branch' of the U.S. government?

Because they function independently in many ways, despite being subject to controls by the three branches of government.

What are the two primary ways the executive branch controls administrative agencies?

The president's power to appoint federal officers and the president's veto power.

What can the president veto regarding administrative agencies?

Enabling legislation passed by Congress or congressional attempts to modify an existing agency's authority.

How does Congress create or abolish an administrative agency?

Through enabling legislation.

What power does Congress have regarding the funding of agency programs?

Congress can revise the time and monetary limits on the funding of particular programs.

What authority does Congress have regarding agency enforcement of regulations?

Congress has the power to 'freeze' the enforcement of most federal regulations before they take effect.

What is the primary role of the judicial branch in controlling agency powers?

The judicial review of agency actions.

What is the 'exhaustion doctrine' in administrative law?

The principle that a complaining party must exhaust all available administrative remedies before seeking judicial review.

What is the purpose of the Administrative Procedure Act (APA)?

It governs the process by which federal agencies develop and issue regulations in the absence of specific congressional directives.

What is the standard delayed effective date for most agency rules under the APA?

30 days.

What is the 'arbitrary and capricious' test?

A standard used by courts to hold unlawful and set aside agency actions that are irrational or an abuse of discretion.

Name one factor that might lead a court to find an agency action 'arbitrary and capricious'.

Failure to provide a rational explanation for a decision.

What is a requirement for an agency changing its prior policy?

It must provide a justification for the change.

What must an agency publish in the Federal Register before issuing a rule?

A notice of proposed rulemaking.

What information must be included in a notice of proposed rulemaking?

The time, place, and nature of the proceedings, the legal authority, and the substance or terms of the proposed rule.

What are the three basic functions of administrative agencies?

Rulemaking, enforcement, and adjudication.

How does the APA relate to the administrative process?

It imposes requirements that all federal agencies must follow during the administrative process unless enabling legislation provides otherwise.

Define 'rulemaking' in the context of administrative agencies.

The process by which an agency formally adopts a new regulation or amends an old one.

Why are agency regulations sometimes described as 'legislative'?

Because they have a binding effect similar to statutes, and violators may be punished.

What does the APA define as a 'rule'?

An agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law and policy.

Can Congress investigate the implementation of laws by agencies it created?

Yes, Congress has the authority to investigate the implementation of its laws and the agencies themselves.

What does the APA provide regarding agency policy statements, licenses, and permits?

It addresses the procedures for their issuance.

What happens if an agency considers legally inappropriate factors when making a decision?

The action may be challenged and set aside under the arbitrary and capricious test.

What is the requirement for 'fair notice' regarding regulatory changes?

Agencies must give notice of what conduct will be expected in the future before changing how they apply a regulatory principle.

Are agency actions automatically subject to judicial review?

No, they are not automatically subject to judicial review.

What is the purpose of the APA regarding agency rules?

To establish procedures for agencies to follow in creating, amending, or removing rules.

What are the three components of notice-and-comment rulemaking?

Publication of a proposed rule in the Federal Register, a comment period for interested parties, and publication of the final rule.

Who can initiate the rulemaking process?

Congress, the agency itself, or private parties via petition.

What is the Federal Register?

A daily publication of the executive branch that prints government orders, rules, and regulations.

What must an agency provide to the public alongside a proposed rule?

Key scientific data underlying the proposal.

What is the primary purpose of the comment period?

To allow interested parties to express their views on the proposed rule to influence agency policy.

How must an agency respond to significant comments received during the comment period?

By either modifying the final rule or explaining why no changes were made.

What happens if an agency makes substantial changes to a rule after the comment period?

A new proposal and a new opportunity for comment are required.

Where are final agency rules compiled?

In the Code of Federal Regulations.

What is the legal status of a final rule?

It has binding legal effect unless overturned by a court.

What is the consequence of an agency failing to follow proper rulemaking procedures?

The resulting rule may not be binding.

What are interpretative rules?

Rules that simply declare policy and do not affect legal rights or obligations.

What are guidance documents?

Documents that advise the public on an agency's legal and policy positions.

Why are informal agency actions exempt from APA requirements?

Because they do not establish legal rights.

Can a party be prosecuted for violating an interpretative rule?

No, because interpretative rules do not establish legal rights.

What is the primary goal of agency enforcement?

To monitor compliance with rules or the terms of the enabling statute.

What is the purpose of administrative inspections and tests?

To show the need to correct or prevent undesirable conditions.

What can an agency do if a firm refuses to voluntarily provide requested documents?

The agency may resort to the use of a subpoena or a search warrant.

What is a subpoena ad testificandum?

A writ compelling a witness to appear at an agency hearing to testify.

What is a subpoena duces tecum?

A writ compelling an individual or organization to hand over books, papers, records, or documents.

What is the main limitation on an agency's power to demand information?

The investigation must have a legitimate purpose.

What is the role of the courts regarding agency investigations?

To determine if an agency is abusing its discretion in pursuing information.

Are agencies required to respond to every comment submitted during the comment period?

No, only to significant comments that bear directly on the proposed rule.

What is the source of an agency's legal authority for making a rule?

Usually its enabling legislation.

What criteria determine the relevance of information sought by an agency?

Information is relevant if it reveals that the law is being violated or assures the agency that the law is not being violated.