What do OSHA and the SEC have in common OSHA Occupational Safety and Health Administration SEC US Securities and Exchange Commission quizlet?

Terms in this set (35)

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Sets with similar terms

How are government regulations established?

a. The courts establish regulations in response to unfair business practices

b. Citizens agree on new regulations through annual elections

c. Business owners agree to create regulations to better compete with one another

d. Specialized executive agencies respond to a new policy by creating regulations

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TAMU-Spring 2015-MGMT 211-Swim (Ch 6: Admin Law/FDA/CPSC)

Terms in this set (67)

What regulates the meat industry?

US Department of Agriculture

What type of regulatory rules do the courts give the closest scrutiny?

Procedural Rules & Regulations

An example of an independent agency is/are:

FTC - Federal Trade Commission
NLRB - National Labor Relations Board
SEC - Securities & Exchange Commission
FCC - Federal Communications Commission

FTC:
(1) stands for? (2) type of agency (3) era created

(1) Federal Trade Commission
(2) Independent
(3) New Deal Era

NLRB:
(1) stands for? (2) type of agency (3) era created

(1) National Labor Relations Board
(2) Independent
(3) New Deal Era

SEC:
(1) stands for? (2) type of agency

(1) Securities & Exchange Commission
(2) Independent

FCC:
(1) stands for? (2) type of agency

(1) Federal Communications Commission
(2) Independent

Regulatory Agencies were held to be invalid or at least constitutional suspect during which President's administration?

(Teddy Roosevelt, Herbert Hoover, Franklin D Roosevelt, Harry Truman, John Kennedy)

Franklin D Roosevelt

Which federal regulatory agencies was/were created during the Social Conscious Era of the 1960s and 1970s?

CPCS - Consumer Product Safety Commission
OSHA - Occupational Safety and Health Administration
EPA - Environmental Protection Agency

CPSC:
(1) Stands for?
(2) Was created in which era?

(1) Consumer Product Safety Commission
(2) Social Conscious Era

OSHA:
(1) Stands for?
(2) Was created in which era?
(3) Type of agency?

(1) Occupational Safety and Health Administration
(2) Social Conscious Era
(3) Dependent

EPA:
(1) Stands for?
(2) Was created in which era?

(1) Environmental Protection Agency
(2) Social Conscious Era

An agency where the President of the United States appoints the head official and can remove the head official is called a/an:

Executive Agency or Dependent Agency

The statute that creates most regulatory agencies is called:

An enabling statute

An enabling statute

creates most regulatory agencies

Administrative Procedures Act

Makes agencies more uniform by defining procedural rules and formalities for all federal agencies..."rule book" for agencies

All powers of agencies are granted by

Congress

What product was used in study guide/class as an example of being recalled by the CPSC?

Lawn Darts

What was an example of a product that was removed from the market by the FDA that was later allowed to be put back on the market when it was determined that the FDA was wrong?

Silicon breast implants

What are the types of enforcement by a regulatory agency?

- Subpoena
- Self-reporting
- Direct Observation
- Performing tests and inspections

The ultimate control over regulatory agencies is held by:

Congress

Which type of reform of agencies does NOT apply to the Federal Agencies?

Sunset Laws

The Regulatory Flexibility Act of 1980
(state or federal reform?)

Federal

The Small Business Regulatory Enforcement Fairness Act of 1996
(state or federal reform?)

Federal

Sunset Laws
(state or federal reform?)

State

Deregulation
(state or federal reform?)

Federal

What was/were the historical reason(s) for the passage of the Pure Food and Drug Act of 1906?

- Spanish American War
- Publication of "The Jungle"
(processed meat being fed to troops making them ill)

Spanish American War was the cause of _______ to be created.

Pure Food and Drug Act of 1906

Which of the following regulatory agencies was/were created during the Great Depression and the New Deal Era?

FDA - Food and Drug Administration
NLRB - National Labor Relations Board

The Kefauver-Harris Amendement deals with:

Drug effectiveness

What are the duties of the CPSC?

- Develop and issue consumer product safety standard
- Issue minimum performance criteria for producers
- Issue labeling standards

When does a regulatory agency have to utilize formal rule making procedures?

When creating substantive rules

There are at least three eras of federal regulatory agencies. The FDA was created during which era?

Historical Era

The 3 eras of Federal Regulatory Agencies:

- Historical
- New Deal
- Socially Conscious

ICC:
(1) stands for

(1) Interstate Commerce Commission [railroads]

An example of a dependent agency is/are:

OSHA: Occupational Safety and Health Administration

What is the power that sets aside the regulatory agencies from the other branches of government?

They have enforcement power in and of themselves.

[T/F]
Companies usually try to work with the FDA and try and settle a complaint early to avoid publicity/

True

[T/F]
The first time the Federal government required FDA approval of drugs was with the passage of the Kefauver-Harris Amendements in 1962.

False

[T/F]
The first step in the rule making procedures of either the informal or formal type is for the agency to identify the need for a rule or regulation.

True

[T/F]
The SEC is an Industry Specific regulatory agency.

True

[T/F]
The FDA is led by the Office of the Commissioner.

True

[T/F]
When a complaint is filed against a business, the business can claim the 7th Amendment and have a court appointed attorney.

False

[T/F]
The Family Smoking Prevention and Tobacco Control Act of 2009 was the first law that extended FDA jurisdiction over tobacco.

False

[T/F]
The Consumer Product Safety Act is the only federal law to protect consumers from product injuries and death.

False

[T/F]
A formal trial like hearing is required in the formal rule making process.

True

[T/F]
The SEC is a historical regulatory agency.

False

[T/F]
Only Independent Regulatory Agencies and Independent Executive Agencies are covered by the Administrative Procedures Act.

False

[T/F]
The Fourth Branch of Government refers to the Federal Bureaucracy.

True

[T/F]
A complaint to the FDA must be made be a health professional.

False

[T/F]
The CPSC has not been very effective since only about 20% of the accidents using consumer products were deemed to be preventable.

False

[T/F]
The Food Quality Protection Act (FQPA) changed the zero risk standard of the Delaney Clause to a reasonable certainty of no harm standard.

False
(it went the other way around)

[T/F]
The organizational structure of Independent Agencies and Executive Agencies id very different.

False

[T/F]
The President can appoint and remove the head of a dependent agency

True

[T/F]
The Food and Drug Administration is under the Department of Agriculture.

False

[T/F]
The CPSC is authorized to develop and issue consumer product safety standards for all products the CPSC covers.

True

[T/F]
The Pure Food, Drug and Cosmetics Act of 1938 expired in 1950 and had to be replaced with the Durham-Humphrey Act.

False
(The Food, Drug and Cosmetics Act expired and fixed by the Durham-Humphrey Amendment)

[T/F]
The rule book for administrative agencies is called the Administrative Procedures Act (APA).

True

[T/F]
After the CPSC tests a new product, if the CPSC determines that the product is not safe, they can ban the product, preventing it from being sold.

True

[T/F]
Enabling statues are usually very specific, with the details left to the courts to declare when the regulatory agency oversteps its legal boundaries.

False

[T/F]
A complaint to the FDA in Texas can be filed by Skype.

True

[T/F]
"The Jungle" and the problems with canned food in the Spanish-American War led to the Food, Drug and Cosmetic Act of 1938.

False
(led to The Pure Food and Drug Act of 1906)

[T/F]
"Open Field" observations by a regulatory agency requires an administrative warrant.

False

[T/F]
The CPSC is one of those regulatory agencies that cannot have a super majority of its members from any one political party.

True

[T/F]
Sunset Laws are often seen in Federal Bureaucratic Agencies.

False
(state)

[T/F]
The Pure Food and Drug Act created the Food and Drug Administration.

False

[T/F]
The EPA was created during the Socially Conscious Era.

True

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What do OSHA and the SEC have in common quizlet?

What element do OSHA and SEC have in common? Both create and enforce regulations.

What are the roles of the FCC in the US FCC Federal communications Commission quizlet?

2. What is the purpose of the FCC? The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.

What agency is under the authority of the Department of Labor quizlet?

The Occupational Safety and Health Administration (OSHA) is a legislatively created agency tasked with enforcing various labor laws and workplace guidelines. OSHA is part of the executive branch's Department of Labor and deals with issues ranging from hazardous chemicals to unsafe equipment.

What are the roles of the FCC in the US choose 3 answers quizlet?

In addition to regulating radio and television broadcasting, the commission today is charged with regulating interstate and international communications by wire, satellite, and cable.