1 What Procedures Must Be Followed In Order For A Federal Administrat ✓ Solved

1. What procedures must be followed in order for a federal administrative agency to create a substantive rule? Must all proposed rules have a trial-like procedure to present evidence in support or against proposed rules? 2. What exemptions, if any, apply to the Freedom of Information Act?

Who, if anyone, may review an agency’s refusal to disclose information? 3. What is the purpose of the Government in the Sunshine Act? When might the act not apply? 4.

What constitutes false and deceptive practices under the Federal Trade Commission Act? What actions may the commission take where a problem exists? 5. What elements must be present in an environmental impact statement issued by the EPA? 6.

What constitutes a nonattainment area concerning environmental pollution? What classifications exist for such nonattainment areas? 7. How do wetlands differ from land proper? Who regulates the use and classification of wetlands?

8. What are the essential elements of the creation of a valid will? Must every valid will have witnesses? 9. How may a validly executed will be revoked?

What means are available to change or modify a will? When, if ever, is a will irrevocable? 10. What are the parameters of a holographic will? How does a holographic will differ from a nuncupative will?

11. What distinctions exist between the specific gifts, general gifts and residuary gifts? 12. What are the formal names of gifts of real property and personal property named in a will? Must a beneficiary accept a gift by will?

13. Differentiate Per Stirpes distribution from Per Capita distribution? How do ademptions differ from abatements? 14. Is there a recognized right to die within any of the states? What distinguishes euthanasia from physician assisted suicide?

Paper for above instructions

The structure and function of federal administrative agencies are critical to effective governance in the United States. This paper addresses the various procedures that must be followed for the creation of substantive rules, judicial reviews involved with freedom of information act exemptions, government transparency acts, the Federal Trade Commission Act's regulation of deceptive practices, and environmental impact assessments, along with aspects of wills and estates under the law.

1. Procedures for Creating Substantive Rules

To create a substantive rule, federal administrative agencies must follow procedures outlined primarily in the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). The notable procedures include:
- Notice of Proposed Rulemaking: The agency must publish a notice in the Federal Register, announcing the proposed rule's intent, which includes the “legal authority” under which the rule is proposed and a description of the proposed rule.
- Comment Period: Generally, agencies must provide an opportunity for the public to submit comments regarding the proposed rule. The APA mandates a 30-day period, although longer periods may be provided for more complex regulations.
- Final Rule Issuance: After reviewing comments, the agency publishes the final rule, which may be identical to the proposed rule or may reflect changes based on public input. The agency must also provide an explanation for changes and a concise statement of basis and purpose.
While public hearings with a trial-like procedure (in the same sense as court proceedings) may occur, it is not a requirement for every proposed rule (Gellhorn & Robinson, 2013).

2. Exemptions under the Freedom of Information Act (FOIA)

FOIA allows public access to government documents but includes various exemptions to protect sensitive information. The nine exemptions include:
- National Security
- Personal Privacy
- Law Enforcement
- Trade Secrets
- Internal Agency Rules
- Exemption of Government Activities
- Religious Freedom Restoration Act
- Information Exempted by Other Statutes
- Confidential Communications between Agencies
If an agency refuses to disclose requested information, the requester can appeal the agency’s decision. If the appeal is denied, courts can review the refusal. The requester has the right to file a lawsuit against the agency in federal court to challenge the withholding (Redish & Talis, 2001).

3. The Government in the Sunshine Act

The Government in the Sunshine Act (5 U.S.C. § 552b) mandates that meetings of federal agencies be open to the public, facilitating transparency. The primary purpose is to foster public accountability and involvement. The act does not apply in certain circumstances, such as when discussing matters impacting national security, personnel issues, or other sensitive subjects (Baker, 2008).

4. False and Deceptive Practices under the FTC Act

The Federal Trade Commission Act prohibits unfair or deceptive acts in commerce. Practices considered false or misleading include false advertising about a product's quality or deceptive implications that mislead consumers about a product's safety (Klein, 2012). The FTC can take several actions, such as issuing cease-and-desist orders, imposing fines, or requiring corrective advertising (Vassallo, 2010).

5. Environmental Impact Statements (EIS)

According to the National Environmental Policy Act (NEPA), an EIS must include the following elements (Council on Environmental Quality, 2016):
- The purpose and need for the proposed action
- A description of the affected environment
- Alternatives to the proposed action and impacts of each alternative
- Any irreversible or irretrievable commitment of resources that would result from the project
- A discussion of the environmental consequences of the action being proposed

6. Nonattainment Areas

A nonattainment area is a region where air pollution levels exceed national standards established by the Clean Air Act. Classifications include Serious, Severe, and Extreme, which are based on the degree of pollution (U.S. Environmental Protection Agency, 2023).

7. Wetlands vs. Land Proper

Wetlands are distinct from regular land due to their saturated soil, hydrology, and vegetation. They are regulated under various laws, including the Clean Water Act (CWA), by the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) (Mitsch & Gosselink, 2015).

8. Essential Elements of a Valid Will

A valid will must include:
- The testator’s intent
- Legal capacity of the testator
- A properly executed document (in writing)
- The signature of the testator (or an authorized individual)
Witnesses are commonly required, but not in every jurisdiction (Miller, 2019).

9. Revoking a Will

A validly executed will can be revoked by:
- A subsequent will
- Physical destruction of the original document
- A clear statement of revocation in writing
A will is generally revocable unless it expressly states otherwise (Atkinson, 2009).

10. Holographic vs. Nuncupative Wills

A holographic will is handwritten and often lacks witnesses, while a nuncupative will is made orally. The primary distinction lies in their execution and formalities required by law (Miller & Smith, 2015).

11. Types of Gifts in Wills

Gifts in wills can be categorized into:
- Specific gifts: Clearly identifiable items.
- General gifts: Obligations to pay a certain sum.
- Residuary gifts: Remaining estate after debts and specific gifts have been distributed (Langbein, 2009).

12. Formal Names of Property Gifts

Gifts of real property (real estate) are known as devise, while personal property is referred to as a bequest. Beneficiaries are not required to accept a gift but must formally refuse it (Abraham, 2017).

13. Per Stirpes vs. Per Capita Distribution

Per stirpes distribution allocates the estate to branches of a family, whereas per capita distribution divides the estate equally among surviving descendants. Ademptions occur when specific gifts are not available at the testator's death, whereas abatements refer to the reduction of bequests due to insufficient assets (Roller, 2012).

14. Right to Die and Distinctions

Several states recognize a limited right to die, particularly allowing for physician-assisted suicide under specific legislative frameworks (California’s End of Life Option Act). Euthanasia typically refers to the act of directly ending life to relieve suffering, whereas physician-assisted suicide involves a physician enabling a patient to end their life, typically by providing prescribed medication (Heller, 2019).

References

- Abraham, M. (2017). Wills, Trusts and Estates. New York: Aspen.
- Atkinson, S. (2009). The Law of Wills: Principles and Practice. London: Routledge.
- Baker, C. (2008). Open Government: A New Paradigm for Public Access. Washington, D.C.: Congressional Research Service.
- Council on Environmental Quality. (2016). NEPA Guidelines. Washington, D.C.: U.S. Government.
- Gellhorn, E., & Robinson, G. (2013). Administrative Law: Agency Action in a Democracy. St. Paul, MN: West Academic Publishing.
- Heller, J. (2019). Death and Dying: Legal Perspectives. Cambridge: Cambridge University Press.
- Klein, B. (2012). Regulating Truth in Advertising: The FTC’s Role in Consumer Protection. Journal of Consumer Law, 15(2), 123-133.
- Langbein, J. (2009). The Law of Succession: A Contextual Approach. Chicago: The University of Chicago Press.
- Mitsch, W. J., & Gosselink, J. G. (2015). Wetlands. Hoboken, NJ: Wiley.
- Miller, R. (2019). Essentials of Wills, Trusts and Estates. Boston: Cengage Learning.
- Miller, R., & Smith, M. (2015). Estate Planning: Principles and Practice. New York: Foundation Press.
- Redish, M., & Talis, J. (2001). The Freedom of Information Act: A Comprehensive Guide to the Law and Its Interpretation. American Bar Association.
- Roller, R. (2012). Intestate Succession: The Law of Inheritance. Chicago: ABA Publishing.
- U.S. Environmental Protection Agency. (2023). Nonattainment Areas for Criteria Pollutants. Washington, D.C.: EPA.
- Vassallo, E. (2010). Consumer Protection: The Role of the FTC in Business Regulation. New York: Business Press.