Exam 19: Powers and Functions of Administrative Agencies

Administrative agencies-like the Securities and Exchange Commission, the Federal Trade Commission, and the Food and Drug Administration-make rules.What are the two basic types of rules called, and how bind-ing are they? What must an administrative rule NOT do?

Playground Equipment, Inc., is subject to regulations issued by the Occupational Safety and Health Administration (OSHA).Like other federal administrative agencies, the OSHA was created by

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

Rulemaking-the formulation of new administrative regulations-is a major function of Congress, not administrative agencies.

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

Interpretive rules simply declare policy and do not affect legal rights or obligations.

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Guard Personnel Company is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA).The administra-tive law judge or-ders Guard to comply with the TSA's regulations.Guard may

Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations, so that the firm will know what its competitors may be able to learn about it.Can Grapple require the agencies to dis-close whatever informa-tion they may have concerning it? If so, how should the firm make its request? What federal law applies? Is any information exempt?

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC).GCC may want to set-tle the dispute, before formal adjudicatory proceedings be-gin, to avoid

The Administrative Procedure Act does not apply to a particular agency procedure.

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review.To obtain the records, the CPSC will issue

If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris-diction.This is

In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

The Federal Aviation Administration uses notice-and-comment rulemak-ing.The final rule in such a proceeding is sometimes referred to as

The U.S.Citizenship and Immigration Service issues a rule.Like the rules of other federal administrative agencies, this rule is compiled in