Policy Development & Implementation Flashcards
7 cards from real CRAP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Policy Development & Implementation flashcards as text
Under the Administrative Procedure Act, which type of agency action is exempt from the notice-and-comment requirement because it involves internal agency management?
Answer: Rules of agency organization, procedure, and practice
The APA exempts rules of agency organization, procedure, and practice from the notice-and-comment requirement because they do not affect substantive rights.
When implementing a major federal regulation, agencies often use a 'phased implementation' approach. What is the primary benefit of this strategy?
Answer: It allows regulated entities time to come into compliance while the rule takes effect
Phased implementation gives regulated entities adequate time to modify processes, purchase equipment, or restructure operations to achieve compliance.
What is the doctrine of 'major questions' as applied by the Supreme Court in West Virginia v. EPA (2022)?
Answer: Congress must clearly authorize agency action on matters of major political and economic significance
The major questions doctrine holds that agencies need clear congressional authorization before taking regulatory actions of vast economic and political significance.
In a consent decree between a regulatory agency and a regulated entity, what obligation does the regulated entity typically assume?
Answer: Agreement to take specific corrective actions within defined timeframes under court supervision
A consent decree is a court-approved agreement requiring the regulated entity to take specified corrective actions on a defined timeline, often without admitting liability.
Which of the following best describes a 'guidance document' under OMB's 2019 Good Guidance Practices requirements?
Answer: An agency statement of general applicability that does not have the force and effect of law
Guidance documents express agency policy or interpretation but lack the binding legal effect of regulations promulgated through notice-and-comment rulemaking.
A regulatory affairs professional is evaluating a state regulation that conflicts with a federal rule on the same subject. Which legal doctrine determines whether the federal rule supersedes the state regulation?
Answer: Preemption doctrine under the Supremacy Clause
Federal preemption under the Supremacy Clause invalidates state laws that conflict with valid federal law or regulations in areas of federal authority.
During policy development, what is the function of a 'regulatory agenda' published by federal agencies twice annually in the Unified Regulatory Agenda?
Answer: To provide public notice of planned regulatory actions in the coming year
The Unified Regulatory Agenda gives the public and regulated industries advance notice of regulatory actions agencies plan to take in the upcoming year.