Exam 17: The Regulatory Process

An adjudicatory hearing may be informal, not subject to procedural rules, so that the parties may negotiate a resolution without concern for details.

The administrative agency equivalent to a court trial is:

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. If a court were to review actions of the FAH in promulgating the June, 2009 rule, what scope of review would a court use?

Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially:

An adjudicatory hearing by an agency about a regulatory violation is often requested by companies hoping to clear the matter.

A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are:

Administrative rules are classified as substantive (legislative), interpretative, and:

The procedural requirement of ____ requires that a party seeking judicial review must demonstrate that it incurred an injury recognized by law as a result of the agency's action.

The court's review of an agency's statutory interpretation is generally afforded:

Congress gives administrative agencies power through legislative delegations.

The procedural requirement of ____ requires that an appellate court has the ability to reconsider an agency decision to determine whether correction or modification is needed.

When a regulatory agency brings criminal charges against a company, it must work with the Department of Justice to carry the matter forward.

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

Under the Government in the Sunshine Act, an agency is not required to have an open meeting when the meeting concerns:

Which of the following is a form of rulemaking for an agency:

Testing by the EPA for excessive air pollution emissions is an example of acquiring information by:

Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal agencies.

The Securities and Exchange Commission (SEC) is a major administrative agency created during the late 1960s.

Courts may not review agency actions if:

Which of the following is a form of rulemaking for an agency: