Exam 17: The Regulatory Process

Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals.

The Government in the Sunshine Act requires advanced public notice of most regulatory meetings.

Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where 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 $5000 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. Why might Congress have created the FAH?

Decisions of Administrative Law Judges may be appealed directly to the Supreme Court.

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:

Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected:

The final decision of the head of an administrative agency or commission may usually be appealed to the U.S. Court of Appeals.

A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority.

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

The primary structure of administrative law is determined by the:

Many federal administrative agencies were created during the Civil War.

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.

Agencies may obtain subpoenas, allowing them to inspect regulated facilities, only by a showing to a federal judge or magistrate of suspected violations.

The Freedom of Information Act requires federal agencies to make public all information gathered in investigations.

The usual public comment period for substantive rules is:

Which classification of administrative laws results in a rule being a federal law:

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.

Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where 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 $5000 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. When Congress wants to create the FAH, what action must it undertake?

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:

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