Deck 5: Administrative Law

Question 1

A regulated party can take a dispute about the regulation to a court rather than going through the administrative adjudicatory process.

Answer 1

False

Question 2

A federal administrative agency may exercise only those powers that Congress delegates to it.

Answer 2

True

Question 3

The executive, judicial, and legislative branches of government do not exercise any control over administrative agency powers and functions.

Answer 3

False

Question 4

Congress can create a new federal administrative agency.

Question 5

Enabling legislation is passed by an administrative agency before it be?gins any regu?latory activities.

Question 6

There are basic steps to formal administra?tive rulemaking.

Question 7

The major function of an administrative agency is rulemaking.

Question 8

The judicial branch exercises control over administrative agencies through its review of agency actions.

Question 9

Administrative agencies issue administrative regulations.

Question 10

The major function of an administrative agency is the enforcement of its administrative rules.

Question 11

The president of the United States has the power to appoint the members of federal administra?tive agencies.

Question 12

Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

Question 13

Congress can "freeze" the enforcement of a regulation before it takes effect.

Question 14

Judicial review of administrative agency actions is automatic.

Question 15

Interested parties must be given an opportunity to express their views on a proposed agency rule.

Question 16

Congress issues "legislative rules" when it creates an administrative agency.

Question 17

A federal administrative agency's final rule is published in the United States Code.

Question 18

Once an agency has been created, it cannot be abolished.

Question 19

An agency action may be set aside if it is arbitrary or capricious.

Question 20

Administrative agencies create administrative law.

Question 21

Persons who favor the creation of a National Biotech Agency to regu?late the production of genetically altered agricultural products should con?cen?trate their lobbying ef?forts on

A) Congress.
B) federal administrative agencies that oversee agricultural products.
C) the United States Supreme Court.
D) the president of the United States.

Question 22

Under the Regulatory Flexibility Act, administrative agencies have the flexibility to issue any regulation that will have "a significant impact."

Question 23

Most disputes over administrative actions are resolved through negotiated settlements at their initial stages.

Question 24

A federal administrative agency must follow formal procedures to make policy.

Question 25

Congress can review new federal regulations before they take effect.

Question 26

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris?diction. This is

A) divine right.
B) the delegation of legislative powers.
C) gap-filling power.
D) unconstitutional conduct.

Question 27

Administrative agencies have the power to resolve disputes through formal adjudication.

Question 28

Most meetings of a federal agency must be open to public observation.

Question 29

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Question 30

Independent regulatory agencies such as the Federal Trade Commission are

A) not part of the government's executive branch.
B) outside the major departments of the government's executive branch.
C) subagencies of executive agencies.
D) subject to more executive authority than executive agencies.

Question 31

Final administrative rules do not have binding legal effect.

Question 32

Administrative agencies can obtain in?forma?tion through on-site searches.

Question 33

An administrative agency can compel a witness to appear at an agency hearing.

Question 34

The priority among conflicting federal and state laws is based on the su?premacy clause of the U.S. Constitution.

Question 35

An administrative law judge makes determinations of facts.

Question 36

Congress may create a state agency as a parallel to a federal agency to provide similar services on a local basis.

Question 37

Tall Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

A) Congress, through enabling legislation.
B) the Federal Trade Commission, through the administrative process.
C) the president, through an executive order.
D) the U.S. Department of Labor, through a final order.

Question 38

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

A) Congress, through enabling legislation.
B) the Congressional Budget Office, through the administrative process.
C) the president, through an executive order.
D) the U.S. Department of the Treasury, through a final order.

Question 39

An administrative agency can issue an "interpretive rule" through an informal method of policymaking.

Question 40

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.

Question 41

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

A) the Administrative Register of the Federal Government.
B) the Code of Federal Regulations.
C) the Federal Rules of Civil Procedure.
D) the United States Code.

Question 42

The Equal Employment Opportunity Commission (EEOC) orders Fatcheck Financial Company to reveal certain information. Fatcheck complains to a court, arguing that the order is an abuse of the EEOC's discretion. Like other agencies, the EEOC can use a subpoena to

A) obtain any information, without limits.
B) obtain testimony or documents.
C) obtain documents, but not to compel a party to testify.
D) pressure a party to settle an unrelated matter.

Question 43

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal

A) in a nationally distributed newspaper.
B) in a trade journal available to members of the industry.
C) in the Federal Register.
D) on a public television station.

Question 44

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a pres?iden?tial veto of

A) Congress's modifications of the agency's authority.
B) the agency's final rules.
C) the agency's final orders.
D) none of the choices.

Question 45

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful ad?di?tives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

A) must be specific and adequately describe the material being sought.
B) must not be specific or an incriminating item might be overlooked.
C) must be general so as to force an uncooperative party's compliance.
D) may, but need not, be specific because the FDA is a federal agency.

Question 46

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

A) hold hearings to acquire facts pertinent to the proposed rules.
B) ignore the Administrative Procedure Act to streamline proceedings.
C) order manufacturers to provide certain documents.
D) solicit testimony from interest groups and consumers.

Question 47

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

A) an actual controversy at issue.
B) standing to sue.
C) the exhaustion doctrine.
D) the ripeness doctrine.

Question 48

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Longhorn Cattle Company. Longhorn appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

A) fact and law.
B) fact only.
C) law only.
D) neither fact nor law.

Question 49

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemak?ing. This involves a period during which

A) judges, legislators, and the president are consulted.
B) potential violators of a proposed rule are notified and publicized.
C) the administrators "notice" a problem and "comment" on it.
D) the public is asked to comment on a proposed rule.

Question 50

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

A) are usually reluctant to review questions of fact.
B) rarely defer to the technical expertise of administrative agencies.
C) often rule on the merits of policy determinations.
D) all of the choices.

Question 51

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is to

A) compile the rule with others in the Code of Federal Regulations.
B) conduct an on-site inspection.
C) publish a notice of the proposed rulemaking.
D) solicit public comment.

Question 52

The Federal Trade Commission (FTC) orders GR8 Steaks Company to reveal certain information. GR8 Steaks complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

A) compel a party to testify, but not to obtain documents.
B) obtain any information except what a party refuses to reveal.
C) harass an uncooperative business or individual.
D) reveal violations of the law.

Question 53

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can gain access to the records through

A) a subpoena only.
B) neither Verity's consent nor a subpoena.
C) Verity's consent only.
D) Verity's consent or a subpoena.

Question 54

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

A) all industries.
B) highly regulated industries.
C) no industries.
D) newly regulated industries only.

Question 55

The Merit Systems Protection Board issues a rule. Like other adminis?tra?tive agencies' "legislative rules," this rule is as

A) binding as a law passed by Congress.
B) persuasive as an expert's opinion.
C) suggestive as a newspaper's editorial.
D) unenforceable as a salesperson's puffery.

Question 56

Truck Transport Company is subject to a decision by the National Labor Relations Board. Truck Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

A) followed a consideration of legally appropriate factors.
B) justifiably changed the agency's prior policy.
C) was accompanied by a rational explanation.
D) was plainly contrary to the evidence.

Question 57

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety, Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

A) incriminating.
B) relevant.
C) technical.
D) valuable.

Question 58

The Federal Aviation Administration uses notice-and-comment rulemak?ing. The final rule in such a proceeding is sometimes referred to as

A) a legislative rule.
B) an interpretive rule.
C) an adjudicatory order.
D) an executive edict.

Question 59

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to set?tle the dispute, before formal adjudicatory proceedings be?gin, to avoid

A) appearing uncooperative.
B) eliminating the need for additional proceedings.
C) rectifying the problem to the NRC's satisfaction.
D) saving the expense of formal proceedings and later appeals.

Question 60

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

A) changed the agency's prior policy without justification.
B) followed a consideration of all relevant factors.
C) was accompanied by a rational explanation.
D) was plainly warranted by the evidence.

Question 61

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

A) a negotiated settlement.
B) a trial and a fine.
C) a trial and an appeal to a higher authority.
D) a trial and the dissolution of the business.

Question 62

Guard Personnel Company is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administra?tive law judge or?ders Guard to comply with the TSA's regulations. Guard may

A) appeal to the commission that governs the TSA.
B) appeal to Congress, which created the TSA.
C) appeal to a different, separate agency.
D) ignore the order.

Question 63

The Regulatory Flexibility Act has helped reduce record-keeping bur?dens for Hometown Gas Company and other small business firms in the area of

A) accounting practices.
B) asset acquisition.
C) hazardous waste management.
D) tax reporting.

Question 64

Vic seeks information about Wes and other well-known businesspersons under the Freedom of Information Act. To obtain the informa?tion, Vic must

A) agree not to reveal any trade secrets.
B) reasonably describe the information.
C) get a court order.
D) have Wes's and the others' permission.

Question 65

Labor Recruiters, Inc., has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

A) attorneys are not allowed to attend administrative hearings.
B) clients are not allowed to communicate with their attorneys dur?ing adminis?trative hearings.
C) hearsay can be introduced as evidence in an administrative hearing.
D) the burden of proof is on the charged party to prove innocence.

Question 66

The functions of the Social Security Administration, like those of other adminis?trative agencies, include

A) adjudication.
B) declaration.
C) enunciation.
D) pronunciation.

Question 67

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

A) no federal or state law.
B) the Freedom of Information Act.
C) the Government-in-the-Sunshine Act.
D) the Public Accountability Act.

Question 68

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

A) a federal district court.
B) a hearing before the U.S. Freedom of Information Agency.
C) a meeting with Congress's FOIA subcommittee.
D) a special conference with the president of the United States.

Question 69

The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agen?cies' actions conflict

A) the federal agency's actions will prevail.
B) the state agency's actions will prevail.
C) the two agencies' actions will be given equal weight.
D) the two agencies' actions will cancel each other.

Question 70

Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations, so that the firm will know what its competitors may be able to learn about it. Can Grapple require the agencies to disclose whatever information they may have concerning it If so, how should the firm make its request What federal law applies Is any information exempt

Question 71

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by

A) a federal appellate court judge.
B) a federal district court judge.
C) an administrative law judge.
D) a U.S Marshal.

Question 72

Administrative agencies-like the Securities and Exchange Commission, the Federal Trade Commission, and the Food and Drug Administration-make rules. What are the two basic types of rules called, and how binding are they What must an administrative rule NOT do