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Admin Law '23 Chs. 6&7 vocab/concept review

Across
In formal rulemaking, ___ communications between agency decision makers and interested parties are prohibited.
The Congressional ___ Act is a federal statute that requires agencies to submit newly created rules to Congress for review, and potentially for disapproval, pursuant to Congress's constitutional lawmaking process.
In the informal rulemaking process, after notice and opportunity for public comment, the APA section 553(c) requires the agency to issue its final rules with a "concise ___ of their basis and purpose."
Rulemaking is the process whereby agencies establish law to implement or perform a duty authorized or required by ___; when an agency is acting in its quasi-legislative capacity.
Government agencies regularly conduct ___ to view records, conditions, and premises to protect the health and welfare of employees, customers, and the public.
In formal rulemaking procedure pursuant to the APA, the NPR (notice of proposed rulemaking) must include "either the terms or substance of the proposed rule or a ___ of the subjects and issues involved, as well as a reference to the legal authority authorizing the agency to enact the proposed rule.
New rules appear ___ in the Federal Register and later are incorporated into the CFR.
The APA defines a __ as an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure or practice requirements of an agency."
An agency's authority to require that individuals and businesses maintain (do not discard or destroy) records
The ___ establishes three procedural forms of rulemaking: formal, informal, and exempted.
In formal rulemaking procedure pursuant to the APA, an agency must ___ a final rule at least 30 days before the rule becomes effective.
When formal rulemaking is required, an agency must follow the APA's adjudicatory procedures and hold an evidentiary, ___ of hearing.
In formal rulemaking procedure pursuant to the APA, before the hearing is conducted, the agency must give notice to the public through a "notice of __ rulemaking", or NPR.
The Federal ___, published every federal government working day, is the official government publication of all federal administrative rules, proposed rules, orders, announcements, and related documents.
The two types of ___ rules are procedural and substantive.
___ rulemaking is permitted when only a small number of parties have an interest in the subject of a rule. Through is congressionally created hybrid process, agencies negotiate the development of a proposed rule with specific interested parties.
Agencies may ___ record keeping or reporting when: o The agency has jurisdiction over the subject and individual concerned; and, o The requirement is reasonable and not overly burdensome; and, o The information is not privileged.
Creation of interpretive rules and procedural rules are exempted from the ___ participation requirements for rulemaking under the APA, but the agency must still publish the rule and explain why it did not permit participation by interested persons.
The authority of an agency to make substantive ___ must stem from an enabling statute that specifically authorizes the agency to promulgate ___.
Down
In West Virginia v. Environmental Protection Agency, 597 U.S. ___ (2022) the Court held that under the major ___ doctrine, in “extraordinary cases” in which the “history and the breadth of the authority that [the agency] has asserted,” and the “economic and political significance” of that assertion requires that an agency must be able to point to “clear congressional authorization” for its assertion of that authority. (Discussion of this recent case and its holding would be a good essay question.)
An agency's authority to require that individuals and businesses produce records for examination. Agencies can require __ in instances when a violation of a law is suspected, but can also require __ simply for education and compliance monitoring purposes.
The "concise statement" required of agencies in informal rulemaking requires 1) articulating the basic rationale underlying its decision, and 2) identifying the essential ___ on which the decision rests.
The two ___ of rules are legislative and interpretive.
Most administrative inspections are regarded as searches and ___ subject to the 4th Amendment's warrant, probable cause, and reasonableness requirements, although those requirements are usually relaxed in the administrative context and there are exceptions where warrant and probable cause are not required.
___ rules are an agency's interpretation of a statute's meaning. They are used to inform the public of how the agency intends to implement and enforce a statute, based on its understanding of the statute's meaning and purpose.
___ rules affect the rights of individuals and are the functional equivalent of statutes. They have the force and effect of law.
The Code of Federal ___, also known as the CFR, is the official government compilation of federal administrative regulations.
There is a catchall exemption in the APA 553(b)(3)(B) which exempts rulemaking from the notice and comment procedures when the agency for good cause finds that notice and comment procedure is “__, unnecessary or contrary to the public interest.” Justification for utilizing this exemption must be included in the final rule.
Ratemaking is typically a legislative function and thus free from ___ process concerns when dealing with an entire industry, however, the ratemaking process is considered adjudicatory and ___ process does apply if the ruling applies to a singular entity. Examples of adjudicatory ratemaking include ratemaking for electric and gas companies.
The APA established ___ that federal agencies must follow when adopting rules. According to the Supreme Court in NLRB v. Wyman-Gordon Co. (1969), those ___ "were designed to assure fairness and mature consideration of rules of general application."
Revenue-raising rules and ___ when imposed by an agency, require the agency to provide notice to the public and provide an opportunity to be heard.
The numbering systems in the ___, containing federal agency regulations, and the United States Code (USC), containing all US statutes, are parallel in most chapters.
Agencies may issue rules without giving interested persons the opportunity to participate when the APA provides a(n) ___ from rulemaking procedures.
__ rulemaking occurs when an additional procedural step is added to what is required by informal rulemaking procedures.
Rulemaking exempted from APA procedural requirements includes ___ rulemaking related to military issues, foreign affairs, and agency internal management issues.
Informal rulemaking, "notice and comment" rulemaking, is used when a statute does ___ require formal rulemaking and no exemption applies. (You may expect an application-problem type of essay question on this topic, requiring determining which type of rulemaking is required, and describing what procedures must be followed under that rulemaking type.)
Regulations are subordinate to statutes, but have ___ weight when applied.
Inclusion of additional ___ to the informal procedural requirements that result in hybrid rulemaking include such things as: o Allowing for oral comment o Requiring testimony and cross-examination o Advance notice of proposed rulemaking preceding normal notice o Disclosure of methodology or notice of intent to rely on scientific or technological methods utilized to reach decisions.
The APA alone ___ requires formal rulemaking in a particular circumstance. Formal rulemaking is required only when mandated by Congress in a separate statute stating that the rules must be made "on the record after an opportunity for agency hearing." (Describing when formal rulemaking procedures are required, and describing those required procedures, would be a good essay question.)