Deck 19: Powers and Functions of Administrative Agencies

Question 1

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

Answer 1

False

Question 2

Unlike those who violate statutes, violators of agency rules are not punished.

Answer 2

False

Question 3

State regulation, when not preempted, may cover many of the same activities as federal regulation.

Answer 3

True

Question 4

The period for persons to comment on a proposed administrative rule must be at least thirty days.

Question 5

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Question 6

Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

Question 7

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Question 8

Interpretive rules simply declare policy and do not affect legal rights or obligations.

Question 9

The Administrative Procedure Act does not apply to a particular agency procedure.

Question 10

Only experts can submit comments on a proposed administrative rule.

Question 11

Rulemaking-the formulation of new administrative regulations-is a major function of Congress, not administrative agencies.

Question 12

Federal executive agencies are outside the federal executive departments.

Question 13

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Question 14

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

Question 15

Independent regulatory agencies include the cabinet departments of the executive branch.

Question 16

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Question 17

Final administrative rules have binding legal effect unless the courts later overturn them.

Question 18

Like statutory law, administrative law is created by legislatures.

Question 19

An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

Question 20

By delegating some of its authority to make and implement laws, Congress violates the U.S.Constitution.

Question 21

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

Question 22

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Question 23

Playground Equipment, Inc., 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 rulemaking process.
C)the president, through an executive order.
D)the U.S.Department of Labor, through a final order.

Question 24

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 25

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

Question 26

Administrative agencies can conduct warrantless searches in some situations.

Question 27

Nemo's 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 courts, through the adjudicatory process.
C)the U.S.Constitution, through the tax and spend clause.
D)the U.S.Department of the Treasury, through a legislative rule.

Question 28

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

Question 29

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

Question 30

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Question 31

All federal government agencies must make their records available electronically on the Internet.

Question 32

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

Question 33

In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

Question 34

Often, an administrative agency itself enforces its rules.

Question 35

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' regulations conflict

A)the federal agency's regulations take precedence.
B)the state agency's regulations take precedence.
C)the two agencies' regulations take equal precedence.
D)the two agencies' regulations cancel each other.

Question 36

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

Question 37

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

Question 38

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

Question 39

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 40

If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

Question 41

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 42

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 43

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review.To obtain the records, the CPSC will issue

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

Question 44

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 45

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 46

Freight Transport Company is subject to a decision by the National Labor Relations Board.Freight 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 47

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

A)the news media.
B)a trade journal available to members of the industry.
C)the Federal Register.
D)an office memo that employees are free to take home.

Question 48

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

A)agency coercion.
B)infiltrating Verity's computers without the firm's knowledge.
C)public comment.
D)Verity's consent.

Question 49

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

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 50

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 docu-ments are

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

Question 51

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 52

Persons who favor the creation of a National Biotech Agency to regu-late the production of genetically altered agricultural products should concentrate their lobbying efforts 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 53

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 54

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 55

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 56

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 be non-specific so an incriminating item is not 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 57

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 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 58

Caleb is a witness in a contro-versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis-trative law judge if he is served with

A)an order for specific performance.
B)a rule for parol evidence.
C)a subpoena.
D)a politely worded request.

Question 59

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

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

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

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 62

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 63

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 dis-close whatever informa-tion they may have concerning it? If so, how should the firm make its request? What federal law applies? Is any information exempt?

Question 64

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

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

Question 65

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 66

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

A)the facts and the law.
B)the agency's authority.
C)procedural requirements.
D)the Constitution.

Question 67

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)never defer to an agency's interpretation of law.

Question 68

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 bind-ing are they? What must an administrative rule NOT do?

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

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 71

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 72

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.