Exam 17: The Regulatory Process

The primary purpose of the Administrative Procedures Act is to:

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. In addition to the legislation that creates FAH, which other piece of federal legislation will play a key role in the administrative functioning of the agency?

If necessary, a federal agency would be allowed to order the destruction of the property of a business in violation of a regulation.

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:

The appeal process that serves as an external check on agency power is known as:

For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, reviewability, standing, ripeness and exhaustion.

An agency created during the late 1960s or early 1970s is:

Administrative agencies are generally created by:

Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:

In a hearing at an administrative agency to determine if the law has been violated, the agency's ____ presents the agency's evidence in support of the complaint.

Procedural rules issued by administrative agencies are:

Observations of regulatory violations made from areas open to the public are known as:

A party seeking a court challenge to an agency decision or action must have standing to seek judicial review.

Congress may restrict judicial review of agency actions.

Enabling statutes are also sometimes called:

If an agency, in enforcing a substantive (legislative) rule, does not follow its own procedural rules, a challenge to the agency's decision is likely to be upheld.

A ____ is an authority of the government, other than a legislature or a court, created to administer a particular law.

The procedural requirement of ____ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts.

The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits, the EPA may:

____ are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute.