In formal rulemaking, ___ communications between agency decision makers and interested parties are prohibited.
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.
Government agencies regularly conduct ___ to view records, conditions, and premises to protect the health and welfare of employees, customers, and the public.
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 ___ establishes three procedural forms of rulemaking: formal, informal, and exempted.
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.
In formal rulemaking procedure pursuant to the APA, the NPR 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.
Agencies may issue rules without giving interested persons the opportunity to participate when the APA provides an ___ from rulemaking procedures.
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."
The two ___ of rules are legislative and interpretive.
__ rulemaking occurs when an additional procedural step is added to what is required by informal rulemaking procedures.
An agency's authority to require that individuals and businesses maintain (do not discard or destroy) records
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.
The two types of ___ rules are procedural and substantive.
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."
___ rulemaking, "notice and comment" rulemaking, is used when a statute does not require formal rulemaking and no exemption applies.
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.
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.
___ 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.
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."