Mgmt 211 Exam 3

Front 1

Historical Era of Federal Regulatory Agencies

Back 1

1887-1932

Aimed at specific industries (railroads, drug companies, securities)

Front 2

New Deal Era of Federal Regulatory Agencies

Back 2

FDR's administration

Used to get out of Depression

Front 3

Socially Conscious Era of Federal Regulatory Agencies

Back 3

1960s-1970s

Aimed at activities across several industries (pollution control, workplace safety, product safety, hiring and firing practices in employment)

Front 4

ICC

Back 4

Interstate Commerce Commission - regulate railroads

Front 5

SEC

Back 5

Securities and Exchange Commission - regulate securities industry

Front 6

FCC

Back 6

Federal Communication Commission - regulate communication industry

Front 7

industry-specific regulatory agencies

Back 7

agencies meant to regulate one business

Front 8

economy-wide regulatory agencies

Back 8

agencies that regulate problems that are not isolated in one particular industry

Front 9

National Labor Relations Board

Back 9

governs the organizing and bargaining rights of labor unions in most industries

Front 10

Executive Agencies (Dependent Agencies)

Back 10

Part of the executive branch, placed within the hierarchy of an executive department, headed by a cabinet member, can have subparts, identified by "department", "administration", "division", usually created by executive order, receive most power from Congress in enabling statutes

Front 11

Independent Executive Agencies

Back 11

created similarly to executive agencies but not placed under a cabinet, president can appoint and remove head

Front 12

Independent Agencies

Back 12

created by Congress, given broad powers over regulation in a particular area, headed by a board or commission whose members are appointed by the president and require confirmation from the senate, members appointed for staggered terms and cannot be removed by president, only removed for cause. don't answer directly to anyone, but congress funds them

Front 13

Schechter Poultry Corp v. US

Back 13

ruled that the law setting prices in most industries during the depression was invalid as an unconstitutional delegation of legislative authority

Front 14

Yakus v. United States

Back 14

As long as an agency has sufficient standards and limited power, then they are constitutional

Front 15

Administrative Procedures Act

Back 15

procedural requirements/rule book for agencies

Front 16

steps to informal rule-making

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1. identify need for rule/regulation

2. Draft rule and publish in Federal Registrar

3. Comment can be made by public

4. Final draft written at least 30 days after publication

Front 17

steps to formal rule-making

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1. identify need, draft, publish (notice 30 days+ prior to proceeding)

2. hearing with exhibits and expert witnesses

3. final draft

4. goes into effect no less that 30 days later

Front 18

Dow Chemical Co v United States

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Dow had free-standing items in an open field and the Environmental Protection Agency (EPA) flew over Dow's land and took pictures after a refused search. Ruled Their rights hadn't been violated because it was an "open field"

Front 19

Enforcement (Investigatory) Procedures

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-requiring businesses to elf report and monitor

- hold hearings

- Subpoena Power

- Physical inspection of business

Front 20

Subpoena

Back 20

legal instrument that orders person to appear, give testimony, give documents

Front 21

Adjucatory Powers

Back 21

most controversial power

ALJ- both prosecutor and judge

no jury

Front 22

Freedom of Information Act

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FOIA
agencies must make info available to any person

Front 23

Sunshine Act

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Agencies headed by 2 or more presidentially apointed people must hold all official business in the open

Front 24

Regulatory Flexibility Act

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measures costs that rule will place on a small business

Front 25

SBRENA (Small Businesses Regulatory Enforecement Fairness Act

Front 26

Sunset Laws (State)

Back 26

requires a quick, periodic review of the agency, and may not extend them with new legislation to continue

Front 27

Deregulation

Back 27

the peoposal to do away with government regulation

Front 28

Pure Food and Drug Act of 1906 (the Wiley Act)

Back 28

resulted from Spanish-American War meat & Uptown Sinclair

- forbids interstate & foreign commerce in adulterated and misbranded food and drugs

Admin by the Department of AG

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Harvey W Wiley

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the chief chemist for the Dep of Ag

Front 30

FDA

Back 30

moved to the department of Health and Human Services

Front 31

The Food, Drug, and Cosmetics Act of 1938

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updated Pure Food and Drug Act

effect of the Elixir Sulfanilamide tragedy

went after drugs

Front 32

Durham-Humphrey Amendment

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Determined which drygs were OTC and which were prescription drugs

Front 33

Thalidomide

Back 33

never apporved in the US

Sedative used in Europe that grossly deformed babies

- led to the Kefauver- Harris Amendment

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Kefauver- Harris Amendment

Back 34

drug had to be safe and approved by the FDA

also had to yield the maximum response achievable

Front 35

Delany Clause

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banned carcinogenic additives with a zero-rish standard

Front 36

Nutritional Labeling and Education Act

Back 36

effect of Sacchine (sugar substitute dispute)

revolutionized how the FDA would require the listing of basic nutritional information

Front 37

Regulatory Capture

Back 37

agencies eventually adopt the perspective of the member of the regulated industry

business is the most interested--> influences regulation

Front 38

Food Safety Modernization Act (FSMA)

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effort now is to prevent contamination of the food supply from the beginning