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Brianna Is in Charge of New Federal Agency Set Up

Question 46

Multiple Choice
Brianna is in charge of new federal agency set up to monitor farming operations.The agency wishes to institute a rule regarding the use of pesticides.Brianna tells her associates to publish the proposed rule but to decline taking comments on the rule because she does not want to deal with unhappy farmers.Assuming you are legal counsel to the agency,what would you tell Brianna regarding her plan to refuse comments on the proposed rule?

Brianna is in charge of new federal agency set up to monitor farming operations.The agency wishes to institute a rule regarding the use of pesticides.Brianna tells her associates to publish the proposed rule but to decline taking comments on the rule because she does not want to deal with unhappy farmers.Assuming you are legal counsel to the agency,what would you tell Brianna regarding her plan to refuse comments on the proposed rule?


A) That her plan is a bad one because the Administrative Procedure Act requires that the public be given an opportunity to comment before a federal agency can promulgate a rule.
B) That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment, it does require that agencies take public comments when food safety is involved.
C) That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment, it does require that agencies take public comments in all cases other than rule involving taxation.
D) That her plan is a good one.

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