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how is it that a federal agency can create a rule that if one does not follow they can be penalized both civilly as well as criminally?

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Final answer:

Federal agencies can create rules with civil and criminal penalties through authority granted by the legislation passed by Congress. The specifics are left to the agency experts to develop rules that align with program goals and objectives. Compliance with federal laws and regulations is ensured through civil and criminal penalties imposed by federal agencies.

Step-by-step explanation:

A federal agency can create a rule that carries both civil and criminal penalties through the power granted to it by the legislation passed by Congress. When a new program is authorized by law, the legislation outlines the broad objectives and principles, but the specific details of implementation are left to the agency. This allows the agency's experts to develop rules and regulations that align with the program's goals and objectives.

For example, in the case of the Clean Air Act, the federal government sets air quality standards but delegates the enforcement to state and local governments. If someone violates these standards, they can face civil penalties, such as fines or other forms of financial sanctions, imposed by the agency. Additionally, if the violation is severe or intentional, criminal penalties may be imposed, such as imprisonment or further legal action.

This authority to create rules with civil and criminal penalties is granted to federal agencies to ensure compliance with federal laws and regulations, protect public safety, and maintain order and fairness in society.

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