Ch 4. Administrative Agencies Flashcards
The role of the ___ branch of government is to enforce the laws and manage the day-to-day operations of the government. (74)
executive
The solution to managing the day-to-day operations of our government rest in the creation of ____. (74)
administrative agencies
Administrative agencies exist within the ___ branch to help tun the day-to-day operations of government. (74)
executive
Agencies are created by the ___ branch through laws called enabling acts. (74)
legislative
____ provide a statutory framework for the organization of the agency, and delegate the authority that the agency can exercise. (74)
Enabling acts
Congress created the Occupational Safety and Health Administration (OSHA) in 1970 by passing the ___. (75)
Williams-Steiger Occupational Safety and Health Act (OSH Act)
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)
the secretary of labor
The secretary of labor is appointed by the president, subject to ____ confirmation. (75)
Senate
The secretary of labor reports directly to ____ and is a member of the president’s cabinet. (75)
the president
The ___ is the principal agency under the control of the secretary of labor. (75)
Department of Labor
The OSH Act imposes two important duties on employers: (76)
1) comply with all duly promulgated OSHA regulations
2) maintain a workplace that is free from recognized hazards
The duty to maintain a workplace that is free from recognized hazards is referred to as the ___. (76)
general duty
The provision in the OSH Act that mandates [the duty to maintain a workplace that is free from recognized hazards] is called ___. (76)
the general duty clause
The existence of ___ is evidence that experts in that industry have recognized that a hazard exists and that precautions are warranted. (76)
an industry-wide safety standard
OSHA inspectors have the authority to inspect any place of employment [when] ___. (76)
at any reasonable time, with some basis on which to initiate
In the event of ___ or ___, OSHA inspectors will conduct an investigation. (77)
a serious injury to 3 or more employees or a fatality of a worker
In addition to OSHA, the OSH Act created a separate federal agency, the Occupational Safety and Health Review Commission (OSHRC), consisting of ____. (77)
3 members appointed by the president
The function of ____ is to oversee a tribunal of administrative law judges who handle the adjudication of OSHA citations.
Occupational Safety and Health Review Commission (OSHRC)
The secretary of labor, through OSHA, issues citation to employers who violate ___ or ___. (77)
an OSHA regulation or the general duty clause
The decision of ____ is considered to be a final decision by the OSHRC. (77)
an administrative law judge
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)
Separation of powers
___ 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)
The exhaustion of remedies doctrine
The policy behind the exhaustion of remedies doctrine is that ___ should be the last resort, not the first. (80)
judicial review
The OSH Act does not apply to ___ or ___ employers or entities. (80)
state or local
The jurisdiction of federal OSHA inspectors is limited to ___ sector employers. (80)
private
State agencies are created by acts of ___. (82)
the state legislature
Local agencies are usually created by ___. (82)
a municipal’s charter (but sometimes by municipal ordinance)
Administrative agencies may be authorized to pass laws through a procedure called ___. (84)
rulemaking
The rulemaking power of agencies refers to the development of 3 basic types of rules: (84)
1) Regulations
2) Procedural rules
3) Interpretative rules
[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)
Regulations
[Administrative rulemaking types of rules]
Rules that govern the agency’s internal operations and procedures. (84)
Procedural rules
[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)
Interpretative rules
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)
standing
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)
substantial evidence standard
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)
the applicable NFPA standard was complied with
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)
quasi-public entity
Federal OSHA jurisdiction is limited to the private sector, but OSHA regulations may apply to public sector fire departments because most states have ___. (90)
chosen to adopt and enforce OSHA regulations against public sector employers.
Administrative agencies exist within the ____ branch of government and are created by the ____ branch of government through ____. (74,90)
executive; legislative; enabling acts
