Chapter 43 study questions

Chapter 43 study questions - the detailed decisions...

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Chapter 43 S TUDY Q UESTIONS 1) How is an administrative agency created? To create an administrative agency, Congress passes enabling legislation, which specifies the name, purposes, functions, and powers of the agency being created. 2) What is “the administrative process”? Rulemaking involves three basic steps: notice of the proposed rulemaking, a comment period, and the final rule. 3) How does an agency use its investigative powers? Agencies conduct investigations by doing inspections, getting a court to issue a subpoena, and searches during site inspections. 4) Why are most disputes resolved at, or soon after, the investigatory stage of an agency action? Most disputes are resolved at the first stage of action because firms want to avoid appearing uncooperative and to avoid the expense involved in formal adjudication proceedings. 5) What is a major advantage of agency rulemaking? Administrative agencies, with their specialized personnel, have the time, resources, and expertise to make
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Unformatted text preview: the detailed decisions required for regulation. 6) Given that an administrative law judge is a member of the agency prosecuting a case, what safeguards promote fairness? The APA requires that the ALJ be separate from an agency’s investigative and prosecutorial staff. The APA also prohibits private communications between the ALJ and any party to an agency proceeding. 7) How do courts hold agency authority in check? The APA provides for judicial review of most agency decisions. 8) Identify and briefly describe laws that make agencies more accountable through public scrutiny. The Freedom of Information Act requires the federal government to disclose certain records to any person on written request. The Government in the Sunshine Act requires that all agency meetings be open to public observation. The Regulatory Flexibility Act requires that whenever a new regulation goes into effect, the agency must conduct a regulatory flexibility analysis....
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This note was uploaded on 04/24/2010 for the course BLAW 3201 taught by Professor Fry during the Spring '08 term at LSU.

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Chapter 43 study questions - the detailed decisions...

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