Deck 41: Administrative Law

Question 1

In determining whether an agency is abusing its discretion in its pursuit of information in an investigation, a court will consider the relevance of the information being sought by the agency in a subpoena.

Answer 1

True

Question 2

Final rules do not have binding legal effect until the courts confirm them.

Answer 2

False

Question 3

The major function of an administrative agency is rulemaking.

Answer 3

True

Question 4

Notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule, commenting on it among themselves, and then issuing a rule.

Question 5

Independent regulatory agencies are outside the federal executive departments.

Question 6

Executive agencies are subject to the authority of the president.

Question 7

If a business firm refuses to comply with an agency request to inspect facilities or business records, the agency may resort to the use of a subpoena.

Question 8

A federal agency must respond to all comments on a proposed rule.

Question 9

The regulations that administrative agencies issue make up the body of agency law .

Question 10

The basic functions of an administrative agency include monitoring Congress.

Question 11

When a federal agency decides to create a new rule, the agency publishes a notice of the proposed proceedings.

Question 12

The Administrative Procedure Act consists of guidelines that all federal agencies must follow.

Question 13

The Fourth Amendment prohibits the use of search warrants by administrative agencies.

Question 14

Today, there are administrative rules covering almost every aspect of a business's operations.

Question 15

There are no limits to what an agency can demand in subpoenas.

Question 16

Federal regulations do not take precedence over conflicting state regulations.

Question 17

To create an administrative agency, the president issues an executive enabling order .

Question 18

After final rules are issued, administrative agencies no longer conduct investigations of the entities that they regulate.

Question 19

A dispute concerning an administrative action may be resolved through a hearing conducted by the agency.

Question 20

Through enabling orders, state governors create state administrative agencies.

Question 21

A meeting of a federal administrative agency may be closed to public observation if the meeting involves matters relating to future litigation.

Question 22

When a state administrative regulation conflicts with a federal administrative regulation

A) the federal regulation takes precedence .
B) the state regulation takes precedence.
C) the regulations are mutually invalid.
D) the regulations are equally valid.

Question 23

Data Inc. 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) a court, through the adjudicatory process.
C) an administrative agency, through administrative regulations.
D) the president, through an executive order.

Question 24

Preventing agencies from abusing their powers without hindering the agencies as they carry out their duties is not a governmental concern.

Question 25

There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.

Question 26

An administrative law judge's decision on a dispute over an administrative action is the final order of the agency-no appeal is possible.

Question 27

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

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

Question 28

Agencies' powers include functions associated with the executive branch.

Question 29

An agency may not exceed the power that Congress gives to it through enabling legislation.

Question 30

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

A) administrative law .
B) legislative law.
C) executive law.
D) judicial law.

Question 31

The federal government must disclose certain records to any person on request.

Question 32

Congress cannot review new federal regulations before they take effect.

Question 33

Agencies can make rules but they are not as legally binding as laws passed by Congress.

Question 34

An administrative law judge does not have the power to make determinations of fact.

Question 35

Retail Stores Inc. pays taxes collected by the appropriate state agencies. Like other state administrative agencies, these agencies were created by

A) a state legislature, through an enabling act .
B) a state court, through the adjudicatory process.
C) a federal administrative agency, through administrative regulations.
D) the state governor, through an executive order.

Question 36

An agency is not required to conduct a regulatory flexibility analysis on a new regulation.

Question 37

The purpose of negotiated settlements in disputes over administrative actions is to obtain funds to defray the agency's operating costs .

Question 38

The executive branch of the government exercises no control over agencies.

Question 39

Agency actions are automatically subject to judicial review.

Question 40

Courts are likely to defer to an agency's interpretation of the law.

Question 41

The Federal Emergency Management Agency (FEMA) discovers that Rescue 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 42

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal

A) through a broadcast on a public television station.
B) in a trade journal available to members of the industry.
C) in the Federal Register .
D) on its Web site.

Question 43

The Federal Trade Commission (FTC) orders General Sales Company to reveal certain information. The firm 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 regulatory violations.

Question 44

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

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

Question 45

The Federal Trade Commission is an independent regulatory agency. Its principal duties include

A) regulating the nation's stock exchanges.
B) regulating all communications.
C) preventing businesses from engaging in unfair trade practices.
D) working to eliminate discrimination in employment.

Question 46

The basic functions of an administrative agency include

A) adjudication.
B) declaration.
C) certification.
D) proclamation.

Question 47

I ndependent regulatory agencies such as the Federal Communications Commission are

A) not part of the government's executive branch.
B) outside the federal executive departments.
C) subagencies within the cabinet departments.
D) cabinet departments within the executive branch.

Question 48

T he Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives 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 this is only an investigation.

Question 49

Notice-and-comment rulemaking involves a period during which

A) judges, legislators, and the president are asked about a proposed rule.
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

After a final rule is issued, an administrative agency conducts investigations to monitor

A) consumer satisfaction with the rule .
B) affected businesses' satisfaction with the rule.
C) compliance with the rule.
D) the impact of the rule on other administrative agencies.

Question 51

The Securities and Exchange Commission (SEC) wants to review certain documents of Trades Online Inc. Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

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

Question 52

Administrative agencies' rules are

A) as binding as laws passed by Congress.
B) only as persuasive as experts' opinions.
C) merely as suggestive as media commentary.
D) no more influential than promotional puffery.

Question 53

Administrative agencies can conduct searches without warrants in

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

Question 54

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with

A) an order for specific performance.
B) an executive order.
C) a subpoena.
D) a search warrant.

Question 55

The Food and Drug Administration (FDA) wants Pharma Inc. to produce certain records for review. Pharma need not reveal

A) incriminating information.
B) files that are not otherwise required by law.
C) facts that could be used against the firm in a court.
D) trade secrets.

Question 56

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

A) no government official or entity .
B) the president.
C) state legislatures.
D) the U.S. Attorney General

Question 57

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

A) compile the rule with others in the Code of Federal Regulations .
B) draft the rule .
C) publish a notice of the proposed rulemaking.
D) solicit public comment.

Question 58

The basic functions of an administrative agency make up

A) the procedural process .
B) the legislative process.
C) the administrative process.
D) the executive process.

Question 59

The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review. The EPA can gain access to the records through

A) an order for specific performance.
B) a rule for parol evidence.
C) a formal complaint.
D) a subpoena.

Question 60

A final rule issued through a notice-and-comment rulemaking procedure has binding legal effect

A) after a court affirms it.
B) until the issuing agency rescinds it.
C) once Congress approves it.
D) unless a court overturns it.

Question 61

Delta Water Company is subject to a decision by the Environmental Protection Agency. Delta 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 legally appropriate factors.
C) was accompanied by a rational explanation.
D) was plainly warranted by the evidence.

Question 62

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

A) the subject of the meeting concerns accusing a person of a crime.
B) open meetings would frustrate the implementation of future actions.
C) the subject of the meeting involves matters relating to future rulemaking.
D) all of the choices.

Question 63

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

A) issue a formal complaint .
B) do nothing.
C) take the matter to the U.S. Supreme Court.
D) immediately impose sanctions.

Question 64

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except

A) measure the cost that the rule will impose on small businesses.
B) consider less burdensome alternatives.
C) alert small businesses about forthcoming regulations.
D) adjust the rule to the satisfaction of the regulated businesses.

Question 65

Omega Company operates a computer chip production plant. Paula is the president of Omega. Ron, a representative of the Occupational Safety and Health Administration, inspects the plant and, citing a certain regulation, orders Omega to take specified steps immediately to improve sanitation at the plant.  Paula believes that Ron is either exceeding his authority or that the regulation Ron claims to be enforcing is excessive.  Can Omega ask a court for an order to stop enforcement of the regulation?  If not, what can Omega do?

Question 66

Media Report seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Media Report must

A) agree not to reveal any trade secrets.
B) reasonably describe the information.
C) get a court order.
D) obtain the businesspersons' consent.

Question 67

Guitar Maker, Inc., makes guitars. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of wood and its dust in the workplace, including the woods that Guitar Maker uses in its operations. Guitar Maker contends that the rule will involve substantial compliance costs without significantly increasing workplace safety. The firm sends a letter to OSHA indicating its objections to the proposed rule and enclosing research reports and other data supporting those objections. Does OSHA have any obligation to consider these objections? What procedures must OSHA follow when it makes new rules, such as this one?

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

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 70

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

A) refuse to comply with the agency decision.
B) petition other interested parties to oppose the decision.
C) exhaust all possible administrative remedies.
D) publish its opposition in the Federal Register .

Question 71

During an administrative hearing, the parties may

A) give testimony.
B) present evidence.
C) cross-examine witnesses.
D) all of the choices.

Question 72

The executive branch of the government can exercise control over an administrative agency through

A) the president's veto powers .
B) legislation that takes away  the agency's power.
C) judicial review of agency actions and decisions.
D) joint collaboration of the executive and judicial branches.