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BESC Exam 1 (Ch.3) Questions and Answers
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BESC Exam 1 (Ch.3) Questions and Answers
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BESC Exam 1 (Ch.3) Questions andAnswers
Who creates regulations? What is the basis for the power to create regulations? How
are the duties associated with Administrative agencies characterized? What type of
powers are involved? Where does the control of these powers reside? - Answer -o
Regulations are created by administrative agencies.
o In some instances Executive Orders have been used to establish Administrative
Agencies. Agencies are expected to execute specific duties of public interest,
convenience, and necessity; to do this, they are given various legislative, executive, and
judicial powers. These powers make administrative agencies a fourth branch of
government.
What are the learning outcomes for this chapter? Why is it a good idea to consider
these? - Answer -o Explain the creation of and functions for administrative agencies
o Distinguish among the different forms of rule making
o Describe the process of administrative agency adjudication
o Recognize the limitations that influence rule making
o Attribute how the branches of government limit agency powers
o Identify the unique role for agencies regulating the environment
o Review the history of the EPA
- Answer -o SES: Senior Executive Service administer- a corps of men and women
who administer programs at the top levels of the federal government. Positions are
mainly managerial and supervisory and fill the top positions in federal administrative
agencies.
o EX: Exempted Appointments- appointed by the President with the consent of the
Senate, such as secretaries of departments and agency directors. These individuals are
not elected, which ideally insulates them from political pressures. People in these
positions can significantly affect the enforcement of administrative law, including
environmental law.
Describe the issues that influence rule making. Why is rule making beneficial? What are
the criticisms of rule making? What is a captured agency? What effects might scientific
uncertainty have on rule making? How does reliance on long-term thinking factor in to
rule making? How are rule making agencies influenced by the potential of legal
challenge? What impact might regulations play among competing businesses in a
global economy? How might that impact influence rule-making? What role do the
economic conditions play allowing for public acceptance of new regulations? - Answer -
, o The benefits to Administrative Agency rule making are obvious given that it would not
be expedient for the legislature to issue rules itself. Some are critical of rule making due
to the fact that officials at the agencies, while not subject to the same political pressure
of elected officials, may have pre-existing relationships with the industry they regulate.
o Captured agency- Not surprisingly the agencies hire people with expertise in a given
industry. This means you can end up with people from a given industry, with biased
approaches to regulating that industry. When this is pervasive across a given agency, it
is said to be a captured agency.
o Affects of Scientific Uncertainty: It is central to all decision making about
environmental issues. The benefits to Administrative Agency rule making are obvious
given that it would not be expedient for the legislature to issue rules itself. Some are
critical of rule making due to the fact that officials at the agencies, while not subject to
the same political pressure of elected officials, may have pre-existing relationships with
the industry they regulate. Not surprisingly the agencies hire people with expertise in a
given industry.
o Impact of reliance on long term thinking: Environmental rule-making should balance
the immediate costs associated with compliance for a given regulation vs. the long-term
gains, perhaps for future generations, provided by the regulation. How much should we
sacrifice in the present to protect those in the future? Setting compliance requirements
in the face of potential legal challenge by the regulated industries or by the
environmental interests pushing the agency to act runs the risk of causing agencies to
choose strategies that might not satisfy either group or might not be very effective.
o Businesses stationed in the US may be at a com
Describe enabling statutes and executive reorganization plans, who creates them and
how are they related to administrative agencies. Describe the powers of administrative
agencies. - Answer -o Congress grants a specific scope of authority to the agency. In
more rare cases administrative agencies are created via executive reorganization plans.
These plans are enacted via an executive order. In either case, the purpose is to
authorize the power for the agency and define the limits of that power.
o Administrative agencies are granted quasi-legislative powers, allowing them to create
rules, also called regulations. That is, administrative agencies promulgate regulations.
What is promulgation? What legislation defines standard rule making? What four ways
can rule making occur? Describe each distinguishing the advantages vs disadvantages
to each. - Answer -o Promulgation is when an agency puts a rule or regulation into
action. The Administrative Procedures Act of 1946, which we discuss later, describes
rule making process can happen one of four ways:
• Regulated Negotiation: newer form of rule-making that seeks to reduce challenges to
regulations and increase structured bargaining among interested parties. A mediator
leads bargaining meetings with representatives from the interested groups and agency.
The agreements reached are forwarded to the agency. The agency is then expected to
publish the compromise as a proposed rule in the Federal Register and follow through
with the requisite rule-making procedures. The agency, however, is not bound to do so.
If it does not agree with the proposal the group negotiated, the agency is free to try to
promulgate a completely different rule or a modification of the one obtained through the
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