Legal Administrative Law & Regulations 2

Question 1

Under APA § 553, which type of agency rule is exempt from notice-and-comment procedures?

Accepted Answer

An interpretive rule clarifying an existing statute

Answer

Section 553(b)(A) exempts interpretive rules, general statements of policy, and procedural rules from notice and comment.

Question 2

An agency's final rule differs significantly from its proposed rule. The final rule is most likely valid if:

Accepted Answer

The final rule is a logical outgrowth of the proposed rule

Answer

Courts uphold changes when the final rule is a logical outgrowth of the proposal, giving fair notice to interested parties.

Question 3

An agency may skip notice-and-comment under the APA's 'good cause' exception when it finds those procedures are:

Accepted Answer

Impracticable, unnecessary, or contrary to the public interest

Answer

Section 553(b)(B) permits bypassing notice and comment when the agency finds them impracticable, unnecessary, or contrary to the public interest.

Question 4

Under United States v. Florida East Coast Railway, formal rulemaking under APA §§ 556–557 is required when the enabling statute:

Accepted Answer

Requires rules to be made 'on the record after opportunity for an agency hearing'

Answer

The Court held that only the specific 'on the record' language triggers formal rulemaking.

Question 5

In Vermont Yankee Nuclear Power Corp. v. NRDC, the Supreme Court held that reviewing courts:

Accepted Answer

Generally may not impose rulemaking procedures beyond those required by the APA or statute

Answer

Vermont Yankee bars courts from imposing procedural requirements beyond the APA, the enabling statute, and the Constitution.

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