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CHAPTER 23: ADMINISTRATIVE AGENCIES 11
whole or in part.
whole or in part.
whole or in part.
16 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS
does not need to conclude that the agency’s interpretation was the only one it could have adopted or even
that it was the same interpretation the court would have applied.
Yes, here the court appeared to have applied that standard to the DEA’s interpretation of the CSA. The
DEA’s interpreted the CSA to require a registrant to prove both that effective controls against diversion of the
marijuana for unapproved purposes are in place and that its supply and the competition to supply it are
inadequate. Because the court considered whether Craker met those requirements without discussing their
validity, the court appeared to conclude that the DEA‘s interpretation was reasonable.
“records” to “any person” on request. An agency’s failure to comply may be challenged in a federal district
court. All federal agencies must make documents available electronically within a year after their creation
and provide a clear index.
B. GOVERNMENT IN THE SUNSHINE ACT
C. REGULATORY FLEXIBILITY ACT
Under the Regulatory Flexibility Act (passed in 1980), whenever a new regulation will have a “significant
impact upon a substantial number of small entities,” an agency must conduct a regulatory flexibility
analysis. The analysis must measure the cost that the rule would impose on small businesses and must
effect.
TEACHING SUGGESTIONS
1. This chapter is somewhat different from preceding chapters and the other chapters in this unit. The
material is more difficult to make come alive for students. You might provide specific examples of agency and
agency actions when discussing the important points. It might also be suggested that students outline the
material to get a better grasp of it. Students might also be told exactly what of the mass of information they
will be expected to know.
whole or in part.
whole or in part.
whole or in part.
16 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS
does not need to conclude that the agency’s interpretation was the only one it could have adopted or even
that it was the same interpretation the court would have applied.
Yes, here the court appeared to have applied that standard to the DEA’s interpretation of the CSA. The
DEA’s interpreted the CSA to require a registrant to prove both that effective controls against diversion of the
marijuana for unapproved purposes are in place and that its supply and the competition to supply it are
inadequate. Because the court considered whether Craker met those requirements without discussing their
validity, the court appeared to conclude that the DEA‘s interpretation was reasonable.
“records” to “any person” on request. An agency’s failure to comply may be challenged in a federal district
court. All federal agencies must make documents available electronically within a year after their creation
and provide a clear index.
B. GOVERNMENT IN THE SUNSHINE ACT
C. REGULATORY FLEXIBILITY ACT
Under the Regulatory Flexibility Act (passed in 1980), whenever a new regulation will have a “significant
impact upon a substantial number of small entities,” an agency must conduct a regulatory flexibility
analysis. The analysis must measure the cost that the rule would impose on small businesses and must
effect.
TEACHING SUGGESTIONS
1. This chapter is somewhat different from preceding chapters and the other chapters in this unit. The
material is more difficult to make come alive for students. You might provide specific examples of agency and
agency actions when discussing the important points. It might also be suggested that students outline the
material to get a better grasp of it. Students might also be told exactly what of the mass of information they
will be expected to know.
