Deck 17: The Regulatory Process

Question 1

The Federal Trade Commission was established in 1935 to attack monopolies.

Answer 1

False

Question 2

A key source of administrative law is the Government in the Sunshine Act.

Answer 2

False

Question 3

Congress established the Interstate Commerce Commission as the first federal agency to regulate railroads.

Answer 3

True

Question 4

Many federal administrative agencies were created during the Civil War.

Question 5

Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year.

Question 6

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

Question 7

There are about 250 federal regulatory agencies issuing about two thousand pages of regulations each year.

Question 8

The Securities and Exchange Commission (SEC) is a major administrative agency created during the late 1960s.

Question 9

Congress gives administrative agencies power through legislative delegations.

Question 10

The Administrative Procedures Act is a major source of administrative law.

Question 11

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

Question 12

Congress has authority to create administrative agencies due to the Commerce and the Necessary and Proper Clauses of the Constitution.

Question 13

One agency created in the 1930s was the Federal Communications Commission.

Question 14

The first federal administrative agency was the Federal Trade Commission.

Question 15

Once an agency has been granted authority to control an area of concern, such as the EPA controls certain pollution, Congress may not interfere with agency functions.

Question 16

Administrative law consists of enabling statutes, the Administrative Procedures Act, and court decisions about agency actions.

Question 17

An agency's authority is generally provided by Congress in an enabling statute that creates an agency.

Question 18

An administrative agency can be defined as an authority of the government, other than a legislature or a court, created to administer a particular law.

Question 19

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

Question 20

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

Question 21

Interpretative rules may never be challenged by parties affected by such rules.

Question 22

Interpretative rules guide the staff of an agency as to how substantive rules or statutes should be viewed in practice.

Question 23

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."

Question 24

Substantive or legislative rules are statements issued by an agency to provide its staff and the public with guidance about interpretation of a statute or regulation.

Question 25

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

Question 26

All administrative rules are formally called procedural rules.

Question 27

Most comments on proposed rules are submitted in writing, rather than given as oral testimony.

Question 28

When agencies write substantive (legislative) rules they must receive approval of Congress before becoming effective.

Question 29

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

Question 30

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

Question 31

Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act.

Question 32

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

Question 33

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.

Question 34

In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must give deference to the agency decision unless the regulations are arbitrary or contrary to a statute passed by Congress.

Question 35

In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must review the matter "de novo" like any other case that has been appealed.

Question 36

Substantive rules issued by administrative agencies have the same force and effect of law as Congressional statutes.

Question 37

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.

Question 38

Through rulemaking procedures an agency develops administrative rules and spells out its regulatory policy.

Question 39

Substantive or legislative rules are in the public record for inspection before they become final.

Question 40

The Administrative Procedures Act requires that notice of proposed agency rules appear in the Federal Register so there is a chance for the public to see the rule.

Question 41

In addition to civil and criminal penalties, agencies may seek injunctions to stop a person or business from engaging in behavior that violates a particular statute.

Question 42

The administrator of an agency may have authority to issue subpoenas to employees to search for evidence of wrongdoing by firms under their regulatory control.

Question 43

In Chevron v. NRDC the Supreme Court held that court of appeals was correct that the EPA had taken too much power to itself by allowing a "bubble" concept for air pollution regulation at major stationary sources in violation of the desire of Congress.

Question 44

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

Question 45

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

Question 46

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.

Question 47

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

Question 48

Only civil penalties may be imposed on violators of regulations imposed by administrative agencies.

Question 49

Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals.

Question 50

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 business property is not protected by the 4th Amendment, unlike personal property.

Question 51

If necessary, a federal agency would be allowed to order the destruction of the property of a business in violation of a regulation.

Question 52

Agency inspections by direct observation of a business and its activities always require a search warrant.

Question 53

Businesses do not have to provide confidential information to a government agency in administrative law matters.

Question 54

The Supreme Court has ruled that agencies have the right to control all aspects of material posted on the Internet.

Question 55

Once a business is subject to a regulation, an agency does not need a subpoena to obtain records relevant to following the regulation.

Question 56

In addition to civil and criminal penalties, agencies are generally given authority to impose other types of special sanctions, such as seizing company property.

Question 57

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 in search of evidence of violations of the law.

Question 58

The Supreme Court has ruled that agencies do not need search warrants to inspect business property.

Question 59

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.

Question 60

As a result of the Supreme Court case Dow Chemical v. U.S., administrative agencies are required to obtain a search warrant before they conducted observations.

Question 61

Decisions of Administrative Law Judges are appealed to the head of their agency.

Question 62

Informal agency procedure may include testing and inspections as well as the processing of permits.

Question 63

An adjudicatory hearing by an agency about a regulatory violation is often requested by companies hoping to clear the matter.

Question 64

Administrative law judges issue written opinions after hearings on administrative complaints.

Question 65

Decisions of Administrative Law Judges are the final resolutions of administrative complaint matters.

Question 66

When a regulatory agency brings criminal charges against a company, it must work with the Department of Justice to carry the matter forward.

Question 67

Agencies may gather evidence in an informal manner, such as discussions with business managers.

Question 68

An administrative law judge is not a federal judge but an employee of an administrative agency.

Question 69

Administrative law judges are appointed by the president with the consent of the Senate for 10 year terms of office.

Question 70

The Supreme Court has established the right of a citizen to demand a jury trial in administrative hearings run by administrative law judges.

Question 71

In reviewing agency informal procedures, the courts are generally most concerned that the agency procedure was fair and consistent with the intent of Congress.

Question 72

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held there was sufficient evidence to uphold the citation.

Question 73

Decisions of Administrative Law Judges may be appealed directly to the Supreme Court.

Question 74

An adjudicatory hearing is a formal process run by an agency similar in fashion to a court trial, but does not use juries.

Question 75

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

Question 76

Most "informal" agency procedures are more costly than formal procedure.

Question 77

At administrative hearings run by administrative law judges, witnesses may not be called.

Question 78

The final decision of the head of an administrative agency or commission may usually be appealed to the U.S. Court of Appeals.

Question 79

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that the citation would be stricken because there was evidence of bias and hostility by the inspector toward the company.

Question 80

An adjudicatory hearing may be informal, not subject to procedural rules, so that the parties may negotiate a resolution without concern for details.