Exam 17: The Regulatory Process

In a hearing at an administrative agency, to determine if the law has been violated:

Administrative laws with the same force of law as statutes enacted by Congress are:

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by:

Businesses do not have to provide confidential information to a government agency in administrative law matters.

The first modern federal regulatory agency was created in 1887 to regulate:

Interpretative rules may never be challenged by parties affected by such rules.

A court's review of an agency's substantive determinations generally receives the lowest scope of judicial review.

The procedural requirement of ____ requires that the complaining party may seek judicial review only in courts that have power to hear the case.

The Department of Labor issued an interpretive rule (opinion letter) in 2001 about how mortgage-loan officers were to be treated with respect to overtime pay. The rule was reversed in 2006 then reversed again in 2010. The Mortgage Bankers Association objected to the change, contending the 2010 ruling was invalid because there was no notice-and-comment period for the change. On appeal, the Supreme Court held that notice-and-comment:

Among the significant agency(s) created during the 1930s were:

Which of the following is an example of a sanction offered by the APA:

In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must review the matter "de novo" like any other case that has been appealed.

During a formal rulemaking process, an agency may:

In addition to being checked by judicial review, administrative agencies are also checked by:

Administrative laws with the same force of law as statutes enacted by Congress are:

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly. She has exhausted all administrative channels and now wishes to bring suit. Loraine should file her suit:

Administrative agencies enforce regulations by doing which of the following:

In Summers v. Earth Island Institute the Supreme Court held that an environmental group had standing as representatives of concerned citizens to seek judicial review of a Forest Service decision to log a burned area of forest.

The Data Quality Act requires agencies to ensure the quality of scientific, technical and economic information in regulatory standards.

Which sanction is not available to any federal regulatory agency?