Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against
the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. If a court were to review actions of the FAH in promulgating the June, 2009 rule, what scope of review would a court use?
a. a low level of scrutiny because only technical issues are involved b. strict scrutiny because procedural issues are involved
c. mid-level scrutiny required of all new agency regulations d. arbitrary scrutiny as Congress required in the statute
e. de jure scrutiny required of all new agency regulations
b
You might also like to view...
One key focus of principled negotiation is to separate people from the ________.
Fill in the blank(s) with the appropriate word(s).
Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?
a. litigation b. arbitration c. jurisdiction d. mediation
The implementation and operation phase of the systems development life cycle is the most expensive and time-consuming phase of the entire life cycle
Indicate whether the statement is true or false
To make good decisions, a successful manager must be able to think abstractly in order to picture the organization as a whole and to understand its relationship to the rest of the business community. In other words, the manager must have ________
A) conceptual skills B) decision-making skills C) interpersonal skills D) community relations skills E) networking skills