Exam 15: The Regulatory Process

Businesses subject to regulation can be made to report to the regulatory agency on a routine basis,including any violations of the law they commit.

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

After a regulation is finalized in the Federal Register it is no longer subject to review.

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

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?

In Invention Submission v.Rogan,the Patent and Trademark Office (PTO)used a testimonial from a client of Invention Submission (IS)as an example of someone who felt abused by a patent-marketing scheme.IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA)by using that example in its advertising campaign about patent-marketing scams.The appeals court held that the PTO's campaign:

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?

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):

Which classification of administrative rules are usually the most important:

The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air.If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits,the EPA may:

Which of the following documents are exempt from being released upon request to the public under the Freedom of Information Act:

Comments on proposed regulations may be filed only by parties with standing to address the regulation.

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

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

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

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.

As agency regulatory activities have expanded,agencies have relied more heavily on:

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

Agencies may obtain subpoenas,allowing them to inspect regulated facilities,only by a showing to a federal judge or magistrate of suspected violations.

Which of the following is a form of rulemaking for an agency: