Deck 41: Administrative Law

Question 1

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

Answer 1

True

Question 2

A subpoena duces tecum is an order to an individual or organization to hand over certain records,papers,or books.

Answer 2

True

Question 3

Administrative agencies make administrative rules.

Answer 3

True

Question 4

Interested parties must be given an opportunity to comment on a proposed rule.

Question 5

State legislatures create state administrative agencies.

Question 6

All federal agencies are subject to the requirements of the Administrative Procedure Act of 1946.

Question 7

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

Question 8

An administrative law judge makes determinations of facts.

Question 9

The Fifth Amendment protects against unreasonable searches and seizures by agencies.

Question 10

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

Question 11

State regulations take precedence over conflicting federal regulations.

Question 12

There are no limits to what an agency can demand.

Question 13

The president can appoint and remove officers from executive agencies.

Question 14

One function of an administrative agency is investigating activities regulated by the agency.

Question 15

Executive agencies are NOT subject to the authority of the president.

Question 16

A subpoena ad testificandum is an order compelling a witness to appear at an agency hearing.

Question 17

The House of Representatives alone can create a new federal administrative agency.

Question 18

Administrative agencies create administrative law.

Question 19

Independent regulatory agencies are outside the federal executive departments.

Question 20

Enabling legislation creates administrative agencies.

Question 21

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

Question 22

An administrative law judge has the power to rule on question of evidence.

Question 23

State legislatures create state agencies through

A)enabling acts,similar to federal enabling legislation.
B)the Federal Trade Commission,through the rulemaking process.
C)the president,through an executive order.
D)the governor,through a petition.

Question 24

Administrative agencies do NOT have the power to resolve disputes through formal adjudication.

Question 25

Judicial review of administrative agency actions is automatic.

Question 26

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

Question 27

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

Question 28

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

Question 29

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

Question 30

An agency must conduct a regulatory flexibility analysis of any new regulation.

Question 31

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

Question 32

The Freedom of Information Act of 1966 requires the federal government to disclose certain records only if the person requesting the records can give a reasonable reason for the request.

Question 33

To challenge an agency action,a party must have standing to sue the agency.

Question 34

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

Question 35

An agency can make rules that are as legally binding as laws passed by Congress.

Question 36

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

Question 37

Congress leaves it to the Environmental Protection Agency to regulate the highly technical areas of air and water pollution.This is

A)the constitutional principle of checks and balances.
B)a delegation of tasks.
C)arbitrary and capricious.
D)a conflict with state administrative agencies,which take precedence.

Question 38

The Food and Drug Administration (FDA) is a federal agency.The regulations that the FDA issues are part of the body of

A)administrative law.
B)common law.
C)trade law.
D)international law.

Question 39

Congress can review new federal regulations before they take effect.

Question 40

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 41

The executive department of Health and Human Services was founded in 1980.Which of the following subagencies is NOT within the department of Health and Human Services?

A)The Centers for Medicare and Medicaid Services
B)The Food and Drug Administration
C)The Internal Revenue Service
D)The Centers for Disease Control

Question 42

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 43

Which of the following independent regulatory agencies is responsible for preventing businesses from engaging in unfair trade practices?

A)The Federal Reserve System Board of Governors (the Fed)
B)The Federal Trade Commission
C)The Securities and Exchange Commission
D)The National Labor Relations Board

Question 44

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 45

The Food and Drug Administration (FDA) wants Big Medicine,Inc.to hand over some records.If Big Medicine does not voluntarily give up the records,the FDA can gain access to the records through

A)a subpoena ad tesifcandum.
B)a subpoena duces tecum.
C)an executive order.
D)a petition.

Question 46

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 regulatory violations.

Question 47

The Merit Systems Protection Board issues a rule.Like other adminis?tra?tive agencies' 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 48

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 49

During the rulemaking process,agencies conduct investigations to obtain information about a particular industry.After the final rules are issued,agencies conduct investigations

A)to determine consumer satisfaction.
B)to determine whether affected businesses are satisfied.
C)to monitor compliance with the rules.
D)to determine what type of agency needs to be created next.

Question 50

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 51

The Federal Aviation Administration uses notice-and-comment rulemak?ing.The final rule in such a proceeding has binding legal effect

A)after a court affirms it.
B)until the next presidential election.
C)once Congress approves it.
D)unless a court overturns it.

Question 52

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 53

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 54

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 55

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 56

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

A)is not subject to any higher authority.
B)is subject to the authority of the president.
C)is subject to the authority of state legislatures.
D)is subject to the authority of the Attorney General

Question 57

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 58

The Nuclear Regulatory Commission is an independent regulatory agency.Its basic functions include making rules,investigating activities that it regulates,enforcing its rules and adjudicating disputes.All of these functions are part of

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

Question 59

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 60

When a state regulation conflicts with a federal regulation

A)the federal regulation always takes precedence.
B)the state regulation always takes precedence.
C)sometimes the state regulation takes precedence.
D)the U.S.Supreme Court must decided which regulation takes precedence.

Question 61

The Environmental Protection Agency (EPA) discovers that Super Fisheries,Inc.has violated an EPA regulation.If no negotiated settlement can be reached,the EPA will then

A)issue a formal complaint against Super Fisheries.
B)do nothing.
C)take the matter to the U.S.Supreme Court.
D)fine Super Fisheries.

Question 62

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 63

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)plainly contrary to the evidence.

Question 64

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 65

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

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 cer?tain regula?tion,orders Omega to take specified steps immediately to im?prove sanita?tion at the plant. Paula believes that Ron is either exceed?ing his authority or that the regulation Ron claims to be enforcing is ex?cessive. Can Omega ask a court for an order to stop enforcement of the regulation? If not,what can Omega do?

Question 69

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 70

The Regulatory Flexibility Act requires that whenever a new regulation will have a significant impact on a substantial number of small businesses,the issuing 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)conduct a regulatory flexibility analysis.
D)adjust the rule to the satisfaction of the regulated businesses.

Question 71

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 72

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.