Exam 17: The Regulatory Process

When an agency issues a substantive rule, it is generally required by the APA to:

An administrative agency is usually:

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

In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must give deference to an agency's "construction of of a statutory scheme."

Before an appeal to a federal court may be made, an agency decision must be "ripe" for review, meaning the courts will not intervene in agency process still underway.

In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held that:

If evidence of regulatory violations can be obtained from observations made in areas the public has access to:

In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because the property could be observed by anyone from the air.

Rules that identify an agency's structure, method of operation, or detail its internal practices are called substantive or legislative rules.

Which of the following is a classification of administrative rules:

Regulatory agencies engage in rulemaking. This authority comes primarily from:

Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:

Some administrative agency investigations lead to a formal complaint being filed against a business. This may result in a trial heard by an administrative law judge (ALJ). ALJs are:

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):

Adjudicatory hearings are initiated by:

The administrative agency equivalent to a court trial is:

One meaningful check on administrative agencies is judicial review.

If evidence of regulatory violations can be obtained from observations made in areas the public has access to:

In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held that:

The procedural requirement of ____ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes.