Exam 44: B: Administrative Law

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

Administrative agencies can not make legislative rules,or substantive rules,that are as legally binding as laws that the Congress passes.

Independent regulatory agencies such as the Federal Trade Commission are

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

State regulation,when not preempted,may cover many of the same activities as federal regulation.

Administrative agencies-like the Securities and Exchange Commission,the Federal Trade Commission,and the Food and Drug Administration-make rules.What are the two basic types of rules called,and how bind?ing are they? What must an administrative rule NOT do?

The Internal Revenue Service (IRS)wants to seize certain documents of Mortgage Bank,Inc.Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the docu?ments are

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs,tweets,and Web sites.The first step is to

Many agency rules require compliance reporting from regulated entities,and such a report can not trigger an enforcement investigation.

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

Frequently,disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Final administrative rules have binding legal effect unless the courts later overturn them.

The U.S.Fish and Wildlife Service uses notice-and-comment rulemak?ing.This involves a period during which

Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations,so that the firm will know what its competitors may be able to learn about it.Can Grapple require the agencies to dis?close whatever informa?tion they may have concerning it? If so,how should the firm make its request? What federal law applies? Is any information exempt?

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a pres?iden?tial veto of

Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA).The administra?tive law judge or?ders Guard to comply with the TSA's regulations.Guard may

The period for persons to comment on a proposed administrative rule must be at least thirty days.

Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.

The Merit Systems Protection Board issues a rule.Like other adminis?tra?tive agencies' "legislative rules," this rule is as