Exam 15: The Regulatory Process

Substantive or legislative rules are usually required to have public notice and comment before they take effect.

Congress created the first regulatory agency in 1887.It was called the:

The Equal Employment Opportunity Commission is newer than most federal agencies.

Which of these is not a procedural requirement for judicial review of an agency decision:

In Lujan v.Defenders of Wildlife,the Supreme Court upheld the standing of an environmental group to challenge construction of a dam in Egypt supported by U.S.aid where construction threatened an endangered crocodile.

Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party:

Congress requires all regulatory agencies to compute cost-benefit and risk analysis to justify major new regulations prior to their being issued.

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

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.

An adjudicatory hearing by an agency is subject to the Administrative Procedure Act.

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:

Businesses do not have to comply with subpoenas from regulatory agencies,they must come from a U.S.Attorney to be fully enforceable.

When an agency proposes a legislative (substantive)rule it must publish it for public inspection in the:

Substantive (legislative)rules issued by agencies are:

If an agency,in enforcing a substantive (legislative)rule,does not follow its own procedural rules,a challenge to the agency's decision is likely to be upheld.

Procedural rules issued by administrative agencies are:

A(n)_____________ is a formal agency process under APA rules,which are similar to those followed in a trial.

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

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:

Comments that are filed by interested members of the public about proposed regulations can form the basis of a legal challenge to a rule that is finalized and failed to take note of a valid critical comment.