BLAW 303-Chapter 20 Questions-MINDTAP

Federal administrative agencies are created:

a. by enabling legislation passed by Congress.

b. without any formal action.

c. by legislative orders issued by the president.

a. by enabling legislation passed by Congress

Choose the two basic types of administrative agencies from the word bank:

Word bank:

Judicial agencies / Executive Agencies / Alternative agencies / Independent regulatory agencies / Dependent Agencies

Executive Agencies / Independent regulatory agencies

Match each term to the correct definition:

Terms:

Interpretive rules

Bureaucracy

Legislative Rules

Delegation Doctrine

Definitions:

Administrative agency rule that affects substantive legal rights and carry the same weight as congressionally enacted statutes.

A large organization that is structured hierarchically to carry out specific functions.

Administrative agency rules that simply declare policies or explain the agency's positions and do not establish any legal rights or obligations.

A doctrine based on Article 1, 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.

Legislative Rules: Administrative agency rule that affects substantive legal rights and carry the same weight as congressionally enacted statutes.

Bureaucracy: A large organization that is structured hierarchically to carry out specific functions.

Interpretive Rules: Administrative agency rules that simply declare policies or explain the agency's positions and do not establish any legal rights or obligations.

Delegation Doctrine: A doctrine based on Article 1, 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 main difference between independent regulatory agencies and executive agencies is that:

a. executive agencies report only to Congress.

b. independent regulatory agencies are subject only to the authority of Congress.

c. executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.

c. executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.

Courts generally hold that Article I of the U.S. Constitution is the _________ for all administrative law.

Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

BASIS

The delegation doctrine holds that Congress may delegate some of its ________ by establishing administrative agencies.

Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

POWERS

All administrative agencies taken together are considered the ___________ of the federal government.

Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

BUREAUCRACY

The president has the power to __________ federal officers and also the power to veto enabling legislation.

Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

APPOINT

Congress can ___________ an agency all together if it wishes.

Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

ABOLISH

Congress has the power to "freeze" the enforcement of most federal ____________ before they take effect.

Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

REGULATIONS

The judicial branch exercises ___________ over agency powers through the courts' review of agency actions.

Word bank: regulations / abolish / appoint / Constitution / overtly / actions / liabilities / substance / basis / judicial / legislative / funding / powers / control / bureaucracy

CONTROL

Executive agencies sometimes are referred to as the

a. Fourth Estate

b. Confiscatory branch of government

c. Legislative branch of government

d. Fourth branch of government

d. Fourth branch of government

Another way to describe the legislative rules that agencies create is that they are ___________ rules.

a. Procedural

b. Substantive

c. Significant

d. Irrelevant

b. Substantive

The law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions is the:

a. Occupational Safety and Health Act.

b. Administrative Procedure Act.

c. Administrative Open Government Act.

b. Administrative Procedure Act.

The Arbitrary and Capricious Standard Includes Factors

Failed to provide a ____________ explanation for its decision.

Word banks: Legally / prior / contrary / rational / relevant

Rational

The Arbitrary and Capricious Standard Includes Factors

Changed its __________ policy without justification.

Word banks: Legally / prior / contrary / rational / relevant

Prior

The Arbitrary and Capricious Standard Includes Factors

Considered ___________ inappropriate factors.

Word banks: Legally / prior / contrary / rational / relevant

Legally

The Arbitrary and Capricious Standard Includes Factors

Entirely failed to consider a _________ fact.

Word banks: Legally / prior / contrary / rational / relevant

Relevant

The Arbitrary and Capricious Standard Includes Factors

Rendered a decision plainly ____________ to the evidence.

Word banks: Legally / prior / contrary / rational / relevant

Contrary

Choose the three agencies' powers.

word bank:

rule making / enforcement / criminal / civil / adjudication / simplification

rule making / enforcement / adjudication

Match each term to the correct definition:

Terms:

Rulemaking

Notice-and-Comment Rulemaking

Definitions:

The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments.

An administrative rule making procedure that involves the publication of a notice of a proposed rule making 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.

Rule making:

The process undertaken by an administrative agency when formally adopting or amending an old. This involves notifying the public of a proposed rule or change and receiving and considering the public's comments.

Notice-and-comment rule making: An administrative rule making procedure that involves the publication of a notice of a proposed rule making 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.

The major function of today's federal agencies is adjudication.

- hint

What do agencies normally do most of the time?

a. True

b. False

b. False

When an agency formally creates a new rule, its first step is to:

a. issue a subpoena.

b. solicit public comment.

c. publish a notice of the proposed rulemaking proceeding in the Federal Register.

c. publish a notice of the proposed rulemaking proceeding in the Federal Register.

what are the three basic steps involved in notice-and-comment rule making?

phrase bank:

notice of the proposed rule making / notice to Congress / a comment period / the final rule / a preliminary rule / a postmortem

notice of the proposed rule making / a comment period / the final rule

Does an agency involved in rulemaking need to respond to all comments during the comment period?

no, the agency only must respond to any significant comments that bear directly on the proposed rule.

What happens when substantial changes occur to a proposed rule because of public comments?

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

If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule may not be binding.

a. True

b. False

a. true

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as

The ______________ of the investigation.

Word bank: specificity / burden / relevance / purpose

PURPOSE

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as

The ______________ of the information being sought.

Word bank: specificity / burden / relevance / purpose

RELEVANCE

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as

The ____________ of the demand for testimony or documents.

Word bank: specificity / burden / relevance / purpose

SPECIFICITY

To Determine Whether an Agency Is Abusing Its Discretion in Pursuing Information, a Court May Consider Such Factors as

The _____________ of the demand on the party from whom the information is sought.

Word bank: specificity / burden / relevance / purpose

BURDEN

The EPA wants to ensure that Delmar Oil Company is in compliance with federal environmental rules regarding cleanup of oil and gasoline spills. In order to do so, it:

a. must rely on Shay's documentation of compliance.

b. must issue a subpoena.

c. must obtain a search warrant.

d. can conduct an on-site inspection

d. can conduct an on-site inspection

The FDA is investigating Shari's Cosmetics for possible violation of purity regulations. The FDA wants Yasmin, their lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA

a. Issues a subpoena duces tecum

b. Issues a subpoena ad testificandum

c. Appeals to a federal court

d. conducts an on-site investigations

b. Issues a subpoena ad testificandum

Agencies Can Conduct Warrantless Searches in the Following Situations:

Searches in certain highly ____________ industries, such as firearms or liquor.

Word bank: Hazardous / Emergency / Regulated

REGULATED

Agencies Can Conduct Warrantless Searches in the Following Situations:

When a statute permits warrantless searches of certain types of _______________ operations such as coal mines.

Word bank: Hazardous / Emergency / Regulated

HAZARDOUS

Agencies Can Conduct Warrantless Searches in the Following Situations:

When there is an _______________ situation.

Word bank: Hazardous / Emergency / Regulated

EMERGENCY

One important difference between formal litigation in a court and an administrative hearing before an administrative law judge (ALJ) is that:

a. the ALJ is typically not an agency employee.

b. an administrative hearing can admit hearsay as evidence.

c. less information is admitted during an administrative hearing.

d. an administrative agency proceeding is typically far more formal.

b. an administrative hearing can admit hearsay as evidence.

Following a hearing, an administrative law judge (ALJ) first issues a ....

Initial Order

When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator.

a. True

b. False

a. True

What happens when no party appeals an adjudication?

a. An initial order is given.

b. The ALJ's decision becomes the final order of the agency.

c. A federal district court reviews the initial order.

d. The ALJ dismisses the complaint.

b. The ALJ's decision becomes the final order of the agency.

Private communications between the ALJ and any party to the agency proceedings are known as ____________ communications.

Ex Parte Communications

Match each term to the correct definition:

Terms:

Adjudication

Initial Order

Final Order

Administrative Law Judge

Definitions:

The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency.

In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed.

One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts.

The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.

Final Order:

The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, and the administrative law judge's initial order becomes the final order of the agency.

Initial Order:

In the context of administrative law, an agency's disposition in a matter other than rule making. And administrative law judge's initial order becomes final unless it is appealed.

Administrative Law Judge:

One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts.

Adjudication:

The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.

Charges that an individual or a firm has violated an administrative rule are first brought before.....

An administrative law judge

ourts historically have granted deference to an administrative agency's ________________.

Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

JUDGMENT

Such deference seems appropriate when applied to an agency's analysis of __________ questions.

Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

FACTUAL

In the Chevron case, the United States Supreme Court created a standard of broadened deference to agencies on questions of legal ________________.

Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

INTERPRETATION

The Court's decision in the Chevron case created a new standard for courts to use when ______________ agency interpretations of law.

Word bank: reviewing / interpretation / subjective / judgement / misinterpretation / thought developments / destroying / factual

REVIEWING

The New Chevron Standard for Courts When Reviewing Agency Interpretations of Law, which Involves the Following Two Questions:

a. Did Congress ________________ addresses the issue in dispute in the statute? If so, the statutory language ______________.

b. If the statute is _____________ or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have _______________ the law differently.

Word bank: Prevails / Interpreted / Directly / Silent

a. Did Congress DIRECTLY addresses the issue in dispute in the statute? If so, the statutory language PREVAILS.

b. If the statute is SILENT or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have INTERPRETED the law differently.

After the Chevron case, all of those involved in rulemaking by administrative agencies accepted that decision without discussion.

a. True

b. False

b. False

The EPA conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings

a. must be conducted in the open

b. may be closed to the public

c. must be advertised

d. minutes must be published

b. may be closed to the public

The Freedom of Information Act exempts records pertaining to

a. employment

b. national security

c. the Food and Drug Administration

d. the Government in the Sunshine Act

b. national security

Match each term to the correct definition:

Terms: Small Business Regulatory Enforcement Fairness Act / Government in Sunshine Act / Freedom of Information Act /

Regulatory Flexibility Act

Definitions:

Allows Congress to review new regulations for at least 60 days prior to taking effect.

The governments open meeting law.

Requires the government to analyze regulations for less burdensome alternatives if will impact small entities.

Requires the government to disclose certain record to any person on request.

Small Business Regulatory Enforcement Fairness Act:

Allows Congress to review new regulations for at least 60 days prior to taking effect.

Government in Sunshine Act :

The governments open meeting law.

Regulatory Flexibility Act:

Requires the government to analyze regulations for less burdensome alternatives if will impact small entities.

Freedom of Information Act:

Requires the government to disclose certain record to any person on request.

AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the U.S. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is

a. an administrative agency.

b. a executive agency.

c. a legislative agency.

d. a judicial agency.

a. an administrative agency.

Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulatory agency, is known as

a. enabling legislation.

b. a Congressional act.

c. administrative law.

d. common law.

a. enabling legislation.

Theo is injured at work and files a workers' compensation claim, which is administered by the workers' compensation agency in his state. His employer disputes the extent of Theo's injuries. The case is heard by an administrative law judge (ALJ), who decides the case in the employer's favor. Theo's attorney tells him that his case cannot be appealed to a court because

a. he does not have standing to appeal an administrative decision, only the employer could do that.

b. the decision of the ALJ is final in all administrative challenges.

c. he has not first appealed the case to the workers' compensation board that heads the state agency.

d. there is not an actual controversy that qualifies for judicial proceedings.

c. he has not first appealed the case to the workers' compensation board that heads the state agency.

The EPA passes a proposed a rule change to the Clean Air Act related to the discharge of emissions by factories. The EPA's action would be considered arbitrary and capricious for all of the following reasons except:

a. it failed to provide the required time for notice and comment.

b. it failed to provide a rational explanation for its decision.

c. it changed a prior policy without justification.

d. it considered legally inappropriate factors.

a. it failed to provide the required time for notice and comment.

BP violated the Clean Air Act by discharging pollutants from one of its refineries and was unable to reach a settlement with the EPA regarding a violation of the law. The EPA plans to go forward with a trial on this matter which will be heard by

a. an administrative law judge.

b. a county court judge.

c. an appellate court judge.

d. the Supreme Court.

a. an administrative law judge.

The Food and Drug Administration (FDA) is investigating a report that Cherise Cosmetics Co. is in violation of purity and testing regulations. The FDA wants Yasmin, the lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA

a. issues a subpoena duces tecum.

b. issues an ordinary subpoena.

c. appeals her decision to a federal court.

d. conducts an on-site investigation to discover the information.

b. issues an ordinary subpoena.

The Securities and Exchange Commission (SEC) charges the Able Baker Co. (ABC) with violating an administrative rule regarding the sale of securities. ABC did not realize that in its search for capital it became subject to securities regulation. ABC may attempt to settle the case rather than proceed to litigation, because

a. a settlement can be more complex than litigation.

b. a settlement will be more costly for the agency.

c. a settlement is less costly than litigation.

d. it does not want to cooperate with the SEC.

c. a settlement is less costly than litigation.

UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation of a rule that has allowed a refinery to offset an increase in emissions relating to one part of the refinery by reducing emissions in another part of the refinery. In challenging the EPA's interpretation, a court will likely

a. defer to the agency's interpretation.

b. refer the matter to an agency sub-committee.

c. seek advice from Congress.

d. dismiss the suit for lack of standing.

a. defer to the agency's interpretation.

William wants to obtain information from the Securities and Exchange Commission regarding the number of active cases related to insider trading. To request this information, he would need to fill which of the following with the SEC:

a. a Freedom of Information Act request.

b. a Sunshine Act request.

c. an SEC disclosure request.

d. a Regulatory Flexibility Act request.

a. a Freedom of Information Act request.

The Environmental Protection Agency conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings

a. must be conducted in the open.

b. may be closed to the public.

c. must be advertised, so that the public is aware that the meetings are taking place, but may be conducted privately.

d. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site.

b. may be closed to the public.