Exam 6: Administrative Law

Reverse FOIA suits are suits by agencies to stop disclosures.

A sunset law creates an agency for a limited time period.

The National Transportation Safety Board has proposed a new regulation that would require children under the age of two to be strapped into car seats in their own seats on airplanes.Currently,children under the age of two are nonpaying passengers who ride on their parents' laps.What opportunities will airlines and parents have for input on the proposed rule?

The Government in the Sunshine Act is often referred to as an open-meeting law.

Which of the following meetings would be subject to the open-meeting provisions of the federal Sunshine laws?

The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed.

An ex parte contact is prohibited in administrative hearings.

The National Park service withdrew its proposed rules on the use of snowmobiles in national parks.Describe any legal issues that might exist in its withdrawal of the rules.

If a company challenges a penalty imposed by an administrative agency,which of the following is the correct order for its appeal?

The FDA had approved a new diet drug for the market.The agency pulled the approval and the drug off the market because a staff member said,"This drug didn't work for me." The manufacturer of the drug could challenge the FDA action:

An ultra vires challenge is a challenge of the agency's jurisdictional authority on a rule.

The Federal Register System includes the Federal Register,the Code of Federal Regulations,and the United States Code.

An FOIA request can be denied if national security information is involved.

What is an ultra vires act?

Before administrative agencies' rules become law,there must be congressional approval.

Benzene is a colorless,aromatic liquid used in manufacturing a variety of products including motor fuels,solvents,detergents,pesticides,and other organic materials.Benzene is a toxic substance and rapid inhalation can be fatal.Exposure has also been shown to lead to various types of nonmalignant diseases such as blood disorders (including leukemia). OSHA passed a regulation limiting maximum benzene exposure for employees.OSHA set a 1 ppm maximum,even though the medical evidence only discussed exposures at 10 ppm and more.The petroleum industry wishes to challenge the regulation.Can they do so? On what basis?

Administrative agencies serve as courts for hearings on rule violations.

The FDA has proposed rules that would classify cigarettes as a medical device and thereby severely restrict the types of advertising that could be used.What forms and types of feedback would the tobacco companies have during the rule-making process by the FDA?

The Federal Privacy Act restricts the free exchange of information among federal agencies.

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​ -Who is allowed to submit comments on the proposed rules?