Exam 17: The Regulatory Process

When Congress grants courts the ability to review administrative actions, it may:

Most comments on proposed rules are submitted in writing, rather than given as oral testimony.

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may:

A legislative delegation:

An administrative agency can be defined as an authority of the government, other than a legislature or a court, created to administer a particular law.

All citizens have standing, under the Constitution, to challenge the constitutionality of any new regulation.

Enabling statutes are also sometimes called:

When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must:

In an adjudicatory hearing a(n) ____ presides over the hearing.

If a business is still unhappy with an agency's final decision after it has been reviewed by the agency head it:

Congress gives an agency power and authority through a(n):

Suppose EPA requires polluters to report compliance with air pollution emission regulations. Which of the following statements could be true, given the power EPA is likely to have:

In addition to civil and criminal penalties, agencies may seek injunctions to stop a person or business from engaging in behavior that violates a particular statute.

Through rulemaking procedures an agency develops administrative rules and spells out its regulatory policy.

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that the citation would be stricken because there was evidence of bias and hostility by the inspector toward the company.

The primary source(s) of administrative law include(s):

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 under federal law responses must be filed within 30 days or there could be no review.

A court's review of an agency's procedural requirements is generally "minimal."

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

Before an appeal of the decision of an administrative agency may be made to a federal court, all appeal processes within the agency must be exhausted first.