MPA Administrative Law and Regulatory Policy 2

Question 1

Which regulatory approach sets a maximum allowable level of pollution or harm and requires regulated entities to comply, regardless of cost?

Accepted Answer

Command-and-control regulation

Answer

Cost-benefit analysis regulation

Answer

Market-based incentive regulation

Answer

Voluntary compliance programs

Question 2

Executive Order 12866, issued in 1993, requires federal agencies to do what before issuing significant regulatory actions?

Accepted Answer

Submit the rule for OIRA review and conduct a cost-benefit analysis

Answer

Obtain a supermajority vote from the agency's governing board

Answer

Seek prior authorization from the Senate Appropriations Committee

Answer

Publish the rule in the Federal Register for 180 days before enactment

Question 3

The Congressional Review Act (CRA) allows Congress to overturn a final agency rule through:

Accepted Answer

A joint resolution of disapproval passed by both chambers and signed (or veto-overridden) by the President

Answer

A two-thirds supermajority vote in the Senate alone

Answer

A simple majority vote in the House Judiciary Committee

Answer

A petition signed by 30 or more Senators within 60 days

Question 4

Regulatory capture occurs when:

Accepted Answer

A regulated industry gains disproportionate influence over the agency meant to oversee it

Answer

Congress passes legislation that codifies existing agency rules

Answer

An agency successfully enforces regulations against a major corporation

Answer

The President appoints a former regulator to head an agency

Question 5

Which term describes the process by which an agency issues a rule without going through notice-and-comment because the rule is exempt as a policy statement or interpretive guidance?

Accepted Answer

Guidance documents or nonlegislative rules

Answer

Hybrid rulemaking

Answer

Direct final rulemaking

Answer

Interim final rules

Question 6

Standing to challenge agency action in federal court requires a plaintiff to demonstrate which three elements established in Lujan v. Defenders of Wildlife (1992)?

Accepted Answer

Injury-in-fact, causation (traceability), and redressability

Answer

Intent, causation, and damages exceeding $75,000

Answer

Political question, ripeness, and mootness

Answer

Congressional authorization, agency nexus, and finality

Question 7

The Regulatory Flexibility Act (RFA) requires federal agencies to analyze the impact of proposed rules on:

Accepted Answer

Small entities, including small businesses, small nonprofits, and small governmental jurisdictions

Answer

State and local governments only

Answer

Foreign corporations operating in the United States

Answer

Federal employees subject to the proposed rule