Exam 17: The Regulatory Process

Agency regulations issued under proper rulemaking procedures require approval by the President.

Which of the following is an example of an informal procedure for enforcing compliance with regulations:

In a case involving judicial review of an administrative agency's decision, the court's ____ determines how far it can go in examining the action.

If a federal agency issues a new regulation, it may:

The Government in the Sunshine Act holds that if an agency decision is made at a meeting held in violation of the Sunshine Act, the decision is valid.

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:

Administrative agencies are generally created by the Supreme Court to solve a legal problem that requires expertise, flexibility, and continuous supervision.

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

The Privacy Act protects information about individuals from full disclosure by administrative agencies.

A business that volunteers information that it has violated a regulatory standard may be punished for that violation.

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

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. Assume for this question that the rule is a substantive rule. What must FAH do before it issues a final substantive rule?

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

Judicial review of administrative agency actions may only look for evidence of violations of constitutional rights.

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

Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a hearing at an administrative agency:

Which of the following is a benefit of agencies using informal procedures:

A federal law passed by Congress granting powers to an agency is called:

The Federal Administrative Act established many of the basic principles of modern administrative law.

The primary tool for local, state, and federal governments use to perform regulatory functions is the: