Exam 6: Administrative Law

Only consumers have rights of comment during the public comment period.

Which of the following is $\underline{\text{not}}$ part of the Administrative Procedures Act?

The 30-day comment period can be waived for emergency rulemaking.

The FTC has proposed a series of regulations to require disclosure of repair/accident history in the sale of used cars.The Classic Car Club believes that historical vehicles (1960 and earlier)should be exempt from the requirements.What can the club do to voice its concerns?

The U.S. Lacey Act prohibits U.S. businesses from importing products from other countries when those products are illegal in that country. For example, when it was originally passed, U.S. hat manufacturers were importing feathers from countries where the harvesting of those resources was illegal. Based on an investigation, the U.S. federal government believed that Gibson Guitar has imported ebony wood from Madagascar, and the harvesting of ebony wood is prohibited in Madagascar. The U.S. Fish & Wildlife Service arrived at Gibson Guitar headquarters and requested access to all of its records. -What remedies would the U.S.Fish & Wildlife Service have available for violations of the Lacey Act?

Which of the following is $\underline{\text{not}}$ an exemption for following the disclosure requirements under the Federal Privacy Act?

Discuss the Administrative Procedures Act and its amendments and purpose.

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.​ -What is the minimum time period for comments that the Department of Labor must allow?

Administrative remedies must be exhausted before a court will review agency actions.

Discuss the ways a business could challenge a promulgated agency rule.

Given deregulation in several major industries,why has the total amount of regulations still increased virtually every year?

The Regulatory Flexibility Act allows agencies flexibility in rule making by not requiring publication of proposed rules.

Where could a business find notices of proposed rules?

The Regulatory Flexibility Act:

Under the federal sunshine laws,agency staff members may hold meetings without notice.

John Forsyth is the head of the Securities Exchange Commission.There are new rules pending before the SEC that would require lawyers to blow the whistle on their clients.The American Bar Association,which is opposed to the legislation,has just offered Mr.Forsyth's son a full scholarship to the law school of his choice.

The Federal Register Act is:

The Freedom of Information Act is part of the Administrative Procedures Act.

Under the FOIA,agencies are not permitted to charge for copying costs.

The Administrative Procedures Act includes: