Exam 17: The Regulatory Process

According to the Supreme Court, what is one of the most significant legal trends of the last century:

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if the following conditions are met except:

An adjudicatory hearing is a formal process run by an agency similar in fashion to a court trial, but does not use juries.

A key source of administrative law is the Government in the Sunshine Act.

In Japan, administrative law, in general, has less impact on business than in the U.S.

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

Informal agency procedures may include:

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. Suppose FAH claims its rule is an interpretative rule, not subject to court review, that it is not a substantive rule. If Elroy later sues the agency, what will the likely outcome of the case be? A court will:

In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that:

The most immediate control mechanism enjoyed by Congress for regulating administrative agencies is the ability to control agency activity through:

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.

Businesses have contested fines resulting from regulations that require mandatory self-reporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that:

The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as:

The usual public comment period for substantive rules is:

The Federal Trade Commission was established in 1935 to attack monopolies.

At administrative hearings run by administrative law judges, witnesses may not be called.

A legislative delegation:

Substantive rules issued by administrative agencies have the same force and effect of law as Congressional statutes.

In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court held:

____ ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress, can justify their actions, and respect constitutional rights.