Exam 6: Agency Rulemaking

If a statute is unclear or requires only a hearing,courts are likely to hold that:

Regulations are subordinate to statutes but have equal weight when applied.

Ratemaking in an industry with one entity requires adherence to due processrequirements.

Formal rulemaking procedures require a public hearing conducted before a jury.

Taxation by Congress creates no due process concerns.

Generally,adjudications are directed at large groups.

With rulemaking,the agency must publish a notice of proposed rulemaking,normally in the Federal ____.

Negotiated rulemaking is not subject to public hearing requirements.

Hybrid rulemaking requirements may be imposed by:

Ex parte communications are expressly prohibited with regard to ________ hearings.

Notice of proposed rulemaking must be published in the Federal Register regarding:

Explain the differences between formal and informal rulemaking.

Generally,agencies are free to make rules without conducting hearings.

Rulemaking that involves adding additional requirements to established or customaryrulemaking procedures is called:

Justice Holmes defined _____ as a process that investigates,declares,and enforces liabilities as they stand on present or past facts and under laws supposedalready to exist.

The APA does not require that the following factor be considered when determiningthe appropriateness of negotiated rulemaking in a given situation:

When is formal rulemaking required? Explain whether formal or informal rulemaking is used more frequently.

_____ rulemaking is required only when a statute clearly commands that a rule be made on the record after an opportunity for an agency hearing.

Negotiated rulemaking has been criticized as too costly and too time consuming.

Generally,rules and rulemaking involve individual claims.