Exam 17: The Regulatory Process

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. When FAH promulgates its rule regarding the employment of homeless persons, what type of rule is the agency issuing?

Which of the following is NOT 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 give deference to the agency decision unless the regulations are arbitrary or contrary to a statute passed by Congress.

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a:

Agencies may gather evidence in an informal manner, such as discussions with business managers.

Which of the following is NOT an example of a sanction offered by the APA:

Decisions of Administrative Law Judges are appealed to the head of their agency.

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. When the FAH agents appeared at Elroy's door in October, 2003 the agents were acting under which kind of Congressionally delegated power?

The aspects of agency actions given the most intense scope of review by the courts are:

An administrative law judge is not a federal judge but an employee of an administrative agency.

Most "informal" agency procedures are more costly than formal procedure.

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber on 238 acres without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act, the Supreme Court held that since the:

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

A legal instrument that directs the person receiving it to appear at a specified time and place to testify or to produce documents is a(n):

Substantive (legislative) rules issued by agencies are:

In Summers v. Earth Island Institute the Supreme Court held that environmental and other citizen groups have the right to intervene to challenge most regulatory decisions.

In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber on 238 acres without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act, the Supreme Court held that since the:

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.

Administrative agencies are often created by Congress because: