BUS 404 EXAM 3 QUESTIONS AND 100% CORRECT
ANSWERS 2024-2025
Rulemaking - process by which administration agencies make rules of law
Legislative Rules - Those are Substantive rules issued by an administrative agency
under the authority delegated to it by the legislature. Regulated by the agency.
Interpretative Rules - Those are statements issued by an admin agency indicating how it
construes the statutes and rules that is administers. Interprets, expands, and aids in
understanding existing rules.
Procedural Rules - Rules issued by an admin agency establishing its organization,
method of operation and rules of conduct. How to do "things" within an industry.
Rulemaking process (three types) - Response Informal rule making- publish proposed
rule in Federal Register, solicit public comments on draft rule, revise and publish final
rule.
Formal rule making- notify public and conduct a trial like hearing with evidence based
findings to support rule.
Hybrid rulemaking- combination of informal/ formal, bit not a full formal hearing.
Enforcement - Answer process by which agencies determine whether their rules have
been violated.
Adjudication - Answer formal methods by which an agency resolves disputes
Judicial review - Answer acts as a control or check by a court on a particular rule or
order of an administrative agency.
, Challenges on issue of law - Answer Focuses on agency exceeding authority, improper
interpretation of law, constitutional rights, violation of procedures.
Challenges on agencys findings regarding issue of Fact - Answer Depends on applicable
law. Agency was arbitrary and capricious, substantial evidence, unwarranted by fact
(full review de novo)
Disclosure information - Answer congressionally required public disclosure enhances
oversight of agency activities.
-Freedom of Information act
-Privacy act
-government in the sunshine act
Administrative Agencies - Answer Executive Control: Power of appointment, Budgetary
control, impoundment of monies appropriated, restrucuturing of executive agencies
Legislative Control: Power over budget, amendment of enabling statue, elimination of
agency, enactment of guidelines.
Judicial Review: Excess of authority, proper interpretative of applicable law, violation of
constitution, violation of required legal procedures.
Cheddar cheese definition - Answer Milk, nonfat milk, or cream. Clotting enzymes,
rennet and/ or other clotting enzymes of animal, plant, or microbial origin.
Recitals/ "Understanding" - Answer Brief summary about the contract and what is
intended to accomplish.
Definition/ Defined Terms - Answer Words that have specific meanings throughout the
contract. ALL CAPS or Initial Caps " "
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