Ch 4. Administrative Agencies

Question 1

The role of the ___ branch of government is to enforce the laws and manage the day-to-day operations of the government. (74)

Answer 1

executive

Question 2

The solution to managing the day-to-day operations of our government rest in the creation of ____. (74)

Answer 2

administrative agencies

Question 3

Administrative agencies exist within the ___ branch to help tun the day-to-day operations of government. (74)

Answer 3

executive

Question 4

Agencies are created by the ___ branch through laws called enabling acts. (74)

Answer 4

legislative

Question 5

____ provide a statutory framework for the organization of the agency, and delegate the authority that the agency can exercise. (74)

Answer 5

Enabling acts

Question 6

Congress created the Occupational Safety and Health Administration (OSHA) in 1970 by passing the ___. (75)

Answer 6

Williams-Steiger Occupational Safety and Health Act (OSH Act)

Question 7

In the [OSH] Act, Congress authorized ____ to adopt occupational safety and health regulations, investigate alleged violations of occupational safety and health regulations, and enforce compliance through the issuance of citations. (75)

Answer 7

the secretary of labor

Question 8

The secretary of labor is appointed by the president, subject to ____ confirmation. (75)

Answer 8

Senate

Question 9

The secretary of labor reports directly to ____ and is a member of the president’s cabinet. (75)

Answer 9

the president

Question 10

The ___ is the principal agency under the control of the secretary of labor. (75)

Answer 10

Department of Labor

Question 11

The OSH Act imposes two important duties on employers: (76)

Answer 11

1) comply with all duly promulgated OSHA regulations

2) maintain a workplace that is free from recognized hazards

Question 12

The duty to maintain a workplace that is free from recognized hazards is referred to as the ___. (76)

Answer 12

general duty

Question 13

The provision in the OSH Act that mandates [the duty to maintain a workplace that is free from recognized hazards] is called ___. (76)

Answer 13

the general duty clause

Question 14

The existence of ___ is evidence that experts in that industry have recognized that a hazard exists and that precautions are warranted. (76)

Answer 14

an industry-wide safety standard

Question 15

OSHA inspectors have the authority to inspect any place of employment [when] ___. (76)

Answer 15

at any reasonable time, with some basis on which to initiate

Question 16

In the event of ___ or ___, OSHA inspectors will conduct an investigation. (77)

Answer 16

a serious injury to 3 or more employees or a fatality of a worker

Question 17

In addition to OSHA, the OSH Act created a separate federal agency, the Occupational Safety and Health Review Commission (OSHRC), consisting of ____. (77)

Answer 17

3 members appointed by the president

Question 18

The function of ____ is to oversee a tribunal of administrative law judges who handle the adjudication of OSHA citations.

Answer 18

Occupational Safety and Health Review Commission (OSHRC)

Question 19

The secretary of labor, through OSHA, issues citation to employers who violate ___ or ___. (77)

Answer 19

an OSHA regulation or the general duty clause

Question 20

The decision of ____ is considered to be a final decision by the OSHRC. (77)

Answer 20

an administrative law judge

Question 21

A key principle embodied in our constitution that says: actions by one branch of government that fall outside of that branch’s constitutional authority, or that intrude on the authority of another branch are considered to be invalid and unconstitutional exercise of powers. (78)

Answer 21

Separation of powers

Question 22

___ is a legal principle that requires a party who has an administrative remedy available to seek relief through the administrative remedy first, before proceeding to court;
It requires a court to dismiss a lawsuit if the party bringing the action fails to utilized an available administrative tribunal to hear the case first. (79)

Answer 22

The exhaustion of remedies doctrine

Question 23

The policy behind the exhaustion of remedies doctrine is that ___ should be the last resort, not the first. (80)

Answer 23

judicial review

Question 24

The OSH Act does not apply to ___ or ___ employers or entities. (80)

Answer 24

state or local

Question 25

The jurisdiction of federal OSHA inspectors is limited to ___ sector employers. (80)

Answer 25

private

Question 26

State agencies are created by acts of ___. (82)

Answer 26

the state legislature

Question 27

Local agencies are usually created by ___. (82)

Answer 27

a municipal's charter (but sometimes by municipal ordinance)

Question 28

Administrative agencies may be authorized to pass laws through a procedure called ___. (84)

Answer 28

rulemaking

Question 29

The rulemaking power of agencies refers to the development of 3 basic types of rules: (84)

Answer 29

1) Regulations 2) Procedural rules 3) Interpretative rules

Question 30

[Administrative rulemaking types of rules] Rules that carry the weight of law and are designed to carry out the basic quasi-legislative authority of the agency. (84)

Answer 30

Regulations

Question 31

[Administrative rulemaking types of rules] | Rules that govern the agency's internal operations and procedures. (84)

Answer 31

Procedural rules

Question 32

[Administrative rulemaking types of rules] Statements of the agency's perspective or interpretation of how the agency would like to see the law applied to certain fact patterns; not laws per se, rather they embody how the agency believes the law should be interpreted. (84)

Answer 32

Interpretative rules

Question 33

In order to challenge the validity of a regulation or other agency decision in court, a party must have ___. This means that the party seeking to challenge an agency action is somehow adversely affected or aggrieved by that action. (84)

Answer 33

standing

Question 34

Congress, through the Administrative Procedures Act (APA), specifically allows a party with standing to challenge an agency decision, subject to ___ of judicial review, which requires that a court reviewing an agency decision evaluate whether there is enough evidence in the record such that a reasonable person could reach the same conclusion as the agency. (84-85)

Answer 34

substantial evidence standard

Question 35

When there may be conflict between an OSHA regulation and an NFPA standard, the violation of an OSHA regulation may not result in a violation citation if ___. (85)

Answer 35

the applicable NFPA standard was complied with

Question 36

To OSHA, the term ____ means that the entity has sufficient connection to the public sector to be treated as part of the public sector, therefore federal OSHA will not exercise jurisdiction if this is what the fire company is determined to be. (87)

Answer 36

quasi-public entity

Question 37

Federal OSHA jurisdiction is limited to the private sector, but OSHA regulations may apply to public sector fire departments because most states have ___. (90)

Answer 37

chosen to adopt and enforce OSHA regulations against public sector employers.

Question 38

Administrative agencies exist within the ____ branch of government and are created by the ____ branch of government through ____. (74,90)

Answer 38

executive; legislative; enabling acts