ANSWERS-CH47 - and efficient regulatory action but the...

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CHAPTER 46 ADMINISTRATIVE AGENCIES ANSWERS TO CHAPTER 47 True-False Multiple Choice 1. F 2. F 3. T 4. T 5. T 6. T 7. F 8. T 9. F 10. F 11. a 12. d 13. a 14. c 15. c 16. d 17. b 18. a 19. a 20. b Short Essay 21. “Capture” refers to concerns that appointments to administrative agencies become too close to the industries they regulate. Many move back and forth between government and the private sector, and their independence may be compromised as a result. 22. The three basic types of agency rulemaking are informal rulemaking, formal rulemaking, and hybrid rulemaking. In formal rulemaking, interested parties appear at a trial-like hearing to examine the agency's evidence, cross-examine its witnesses, and present evidence of their own. In informal rulemaking, interested parties submit written comments about a proposed rule, but they are not entitled to a hearing. Hybrid rulemaking provides a hearing, but limits interested parties' ability to cross-examine agency witnesses. Agencies tend to favor informal rulemaking because it allows quick
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Unformatted text preview: and efficient regulatory action, but the disadvantage of this type of rulemaking is the relatively minimal opportunity available to interested parties to participate. On the other hand, formal rulemaking affords interested parties greatly enhanced opportunities to be heard, but is purchased at significant expense and at the risk that parties will abuse their rights of access and impede the regulatory process. Hybrid rulemaking procedures minimize the disadvantages of the other two types by giving some opportunity to be heard but limiting the right of cross-examination, thereby encouraging more rapid and efficient agency action. 23. A plaintiff seeking judicial review of agency actions must demonstrate that the challenged action is reviewable, that he has standing to sue, that he has exhausted all required administrative remedies, and that the dispute is ripe for judicial resolution. Business Law and the Regulatory Environment, 11E 79...
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