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Delaney Is in Charge of a New Federal Agency Set

Question 45

Multiple Choice

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


A) Delaney's 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) Delaney's plan is a bad one because even though 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) Delaney's plan is a bad one because even though 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) Delaney's plan is a good one.

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