UNIT 3 HOMEWORK LAW 206

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American Military University *

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Jan 9, 2024

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1. Describe the three powers Congress has given to the Federal Trade Commission (FTC) that are typically associated with the three traditional branches of government. The powers Congress gave the Federal Trade Commission (FTC) is. - “Promulgating rules that have binding legal effect on future behavior. (As will be seen, however, an agency’s regulations will not have binding effect if they go beyond the scope of the power delegated to the agency by Congress.)” - “It may also take the executive branch–like actions of investigating and prosecuting alleged violations.” - “Finally, the FTC may act much as courts do and adjudicate disputes concerning alleged violations of the law.” LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019). Business Law (17 th ed.) (P.1319) 2. What are the differences between an Executive Agency and an Independent Agency? Give an example of both. The differences between an Executive Agency and an Independent Agency are. EXECUTIVE AGENCY “Administrative agencies that reside within the Executive Office of the President or within the executive departments of the president’s cabinet are called executive agencies. Examples of such agencies and their cabinet homes are the Food and Drug Administration (Department of Health and Human Services), the Nuclear Regulatory Agency and the Federal Energy Regulatory Agency (Department of Energy), the Occupational Safety and Health Administration (Department of Labor), and the Internal Revenue Service (Treasury Department). In addition to their executive home, such agencies share one other important attribute.” INDEPENDENT AGENCY “The Interstate Commerce Commission was the first independent administrative agency created by Congress. Much of the regulation businesses face emanates from independent agencies such as the FTC, the National Labor Relations Board, the Consumer Product Safety Commission, the Equal Employment Opportunity Commission, the Environmental Protection Agency, and the Securities and Exchange Commission. Independent agencies are usually headed by a board or a commission (e.g., the FTC has five commissioners) whose members are appointed by the president “with the advice and consent of the Senate.” LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019). Business Law (17 th ed.) (P.1323) 3. The Administrative Procedures Act (APA) regulates administrative agencies. Identify the three types of rulemaking procedures and describe the methods used in each. The three types of rulemaking procedures and the methods each uses is. - Procedural rules “Specify how the agency will conduct itself. For instance, agencies typically have procedural rules dealing with such matters as the manner in which advance notice of agency rulemaking proceedings will be communicated.”

-Interpretive rules “Designed to advise regulated individuals and entities of the manner in which an agency interprets the statutes it enforces. For example, the FTC has promulgated a rule interpreting the term consumer product, as used in the Magnuson–Moss Warranty Act (a statute the FTC has the legal responsibility to enforce). Interpretive rules technically do not have the force of law. Therefore, they are not binding on businesses and the courts.” -Legislative rules “Have the full force and effect of law. Legislative rules thus are binding on the courts, the public, and the agency. Federal agencies have promulgated very large numbers of legislative rules, many of which address highly specific matters. For example, an FTC legislative rule states that if a party sells a quick-freeze aerosol spray product designed for the frosting of beverage glasses and the product contains an ingredient known as fluorocarbon 12, the seller must issue a warning (on the product label) that the product should not be inhaled in concentrated form, in view of the risk that such behavior may lead to severe harm or death.” LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019). Business Law (17 th ed.) (P.1326) 4. Are all documents obtainable under the Freedom of Information Act (FOIA)? If not, list three types of documents that do not have to be disclosed. No all documents are not obtainable under the Freedom of Information Act (FOIA). Three types of documents that do not have to be disclosed are. - “Interagency or intra-agency memos or letters that would not be subject to discovery in litigation.” - “Contain geological or geophysical data.” - “Appear in individual personnel or medical files, or in similar files if disclosure would constitute a clearly unwarranted invasion of personal privacy.” LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019). Business Law (17 th ed.) (P.1339)

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