MGMT 209 Chapter 6 || Questions and 100% Verified Answers.
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Course
MGMT 209
Institution
MGMT 209
arbitrary/capricious standard correct answers determined by whether or not there is any rational reason for the agency decision
delegation correct answers Congress gave power over certain activities to specialized administrative agencies
deregulation correct answers to do away with regulation...
MGMT 209 Chapter 6 || Questions and 100% Verified
Answers.
arbitrary/capricious standard correct answers determined by whether or not there is any rational
reason for the agency decision
delegation correct answers Congress gave power over certain activities to specialized
administrative agencies
deregulation correct answers to do away with regulation (more popular among Republican
Administrations)
economy-wide correct answers regulatory agencies that regulate problems that are not isolated in
one particular industry (ex: FTC, NLRB, EPA, EEOC, etc)
enabling statute correct answers statute in which Congress specifies the agencies' regulatory
mission, organizational structure, procedures, and enforcement powers
executive agencies correct answers 1. placed within hierarchy of executive department
2. department, administration, division
3. much of presidents' policies are enacted this way
4. created by executive order of president
formal rule-making correct answers identify need for the rule, draft a regulation, notice in
Federal Register - when/what/where/how/description, trial-like hearing, final draft publiished
more expensive, time consuming, required for substantive rules
imminently hazardous consumer correct answers ...
product correct answers ...
independent agencies correct answers 1. created by Congress - Congress controls their $
2. broad powers over particular area
3. president does NOT have removal power
4. generally don't suffer under political pressure
industry-specific correct answers regulatory agency meant to regulate one business (ex: SEC -
securities, FCC - communication, ICC - railroad rates)
informal rule-making correct answers identify the need for a rule, draft a regulation, proper
notice via Federal Register, public sends in written comments, final draft is published in Federal
Register
less expensive, faster, for procedural or interpretive rules
, labeling standards correct answers requires warning labels on products
standing correct answers the constitutional requirement that limits the jurisdiction of the federal
courts to actual "cases and controversies"
substantial evidence test correct answers agency decision must be based on a substantial piece of
evidence --> encourages Court of Appeals to favor administrative agencies
sunset laws correct answers *STATES, not federal*
require periodic review of many laws and regulations; if laws aren't extended, it expires
Schecter Poultry Corp v US correct answers New Deal Challenge - Supreme Court ruled that
NIRA's ability to established private boards to set prices for entire industries was an
unconstitutional delegation of legislative authority
Yakus v US correct answers Supreme Court ruled that delegation of legislation authority was
okay as long as there were standards and powers were limited
Administrative Procedures Act correct answers 1947 - passed by Congress to regulate
administrative agencies
DOW Chemical Co v US correct answers "open field" observation - EPA used aerial
photographs to do an on-sight inspection, DOW claimed 4th amendment but it didn't apply,
administrative law judge (ALJ) correct answers an agency employee that adjudicates the
controversies
judicial review correct answers an appeal to the appropriate Circuit Court of Appeals if a party is
dissatisfied with the outcome of an administrative procedure to challenge the outcome
timeliness correct answers the aggrieved party cannot appeal the case until all remedies within
the agency have been exhausted, which includes the appeal to the review board within the
agency
standing to sue correct answers what a party has if they have a real dispute with the agency
Atlas Roofing Company, Inc v Occupational Safety and Health Review Commision correct
answers 7th Amendment does not apply to a hearing before the ALJ
Federal Crop Insurance Corp v US correct answers reasonable ignorance of a government
regulation is not a defense to an agency action
Freedom of Information Act correct answers Federal agencies must make information available
to any person
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