Question 1

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

Accepted Answer

After a final rule is issued, an administrative agency conducts investigations to monitor compliance with the rule, ensuring that individuals and businesses are following the set of regulations and laws established by the rule. This helps the agency to enforce the rule and take corrective actions when necessary to ensure that the rule is being followed as intended. The agency is primarily concerned with monitoring compliance with the rule, rather than consumer or business satisfaction or how the rule impacts other administrative agencies.

Question 2

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

Accepted Answer

The answer of The Federal Trade Commission (FTC)orders General Sales...

Question 3

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

Accepted Answer

Before appealing to a court, Bath & Kitchen Inc. must exhaust all possible administrative remedies. This means that the firm must go through the administrative process and pursue any available appeals before taking the matter to court. This is the typical process in administrative law.

Question 4

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

Accepted Answer

State agencies, including those responsible for collecting taxes, are typically created by state legislatures through enabling acts. These acts give the agencies their legal authority and outline their responsibilities and procedures.

Question 5

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

Accepted Answer

The IRS is a federal administrative agency created by Congress through enabling legislation, specifically the Revenue Act of 1862.

Question 6

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

Accepted Answer

The SEC has the authority to request and review documents that are relevant to its investigations and regulatory oversight. It is not necessary for the documents to be incriminating, technical, or valuable, as long as they are relevant to the matter at hand.

Question 7

The rules of administrative agencies can be

Accepted Answer

Administrative agencies have the power to make rules and regulations that have the force of law, and these rules are binding on individuals and organizations. Therefore, the rules of administrative agencies are as binding as laws passed by Congress.

Question 8

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

Accepted Answer

Tim can be compelled to appear before an administrative law judge through a subpoena, which is a legal order requiring someone to appear in court or provide testimony or evidence. This is a common tool used in administrative proceedings to gather testimony and evidence from witnesses. The other answer choices are not relevant to compelling Tim to appear before an administrative law judge.

Question 9

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

Accepted Answer

"Arbitrary and capricious" means that the agency's decision did not follow a rational decision-making process, and may have been based on whims or non-legal factors. Choice A matches this definition by indicating that the decision changed prior policy without justification. The other choices (B, C, and D) all suggest that the decision was made through a rational, evidence-based process.

Question 10

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

Accepted Answer

The best choice for the EPA to gain access to Waste Disposal Company's records is through a subpoena, which is a legal order requiring the production of documents or testimonies. A formal complaint, an order for specific performance, and a rule for parol evidence do not necessarily grant the EPA access to the records they need.

Question 11

The procedures used by administrative agencies in fulfilling their basic functions is known as

Accepted Answer

The procedures used by administrative agencies in fulfilling their basic functions is known as the administrative process. This includes rulemaking, adjudication, investigation, and enforcement.

Question 12

The Federal Trade Commission Act granted the Federal Trade Commission the power to

Accepted Answer

The Federal Trade Commission Act provides the FTC with the authority to prevent businesses from engaging in unfair trade practices such as false advertising, deceptive pricing, and monopolistic behavior. The other options, overseeing stock exchanges and eliminating discrimination, are not specifically granted to the FTC by this act.

Question 13

Notice-and-comment rulemaking involves a period during which

Accepted Answer

Notice-and-comment rulemaking involves a period of time during which the public is invited to "notice" a proposed rule and "comment" on it before it becomes final. Judges, legislators, and the president are not typically involved in this process, and potential violators are not notified or publicized during this stage.

Question 14

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

Accepted Answer

A final rule issued through a notice-and-comment rulemaking procedure has binding legal effect unless a court overturns it. While a court affirming a rule can strengthen its legal effect, it is not necessary for it to take effect. Congress does not need to approve a rule for it to have legal effect, and while an agency may rescind a rule, until that happens the rule is still in effect.

Question 15

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

Accepted Answer

The president, as part of the executive branch, can influence administrative agencies through veto powers, which can be used to reject legislation affecting the agency's operations or authority.

Question 16

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

Accepted Answer

Pharma does not need to reveal trade secrets to the FDA.

Question 17

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

Accepted Answer

The Federal Emergency Management Agency, like other federal agencies, publishes proposed rules in the Federal Register to notify the public. This is a formal process required by law to ensure transparency and public participation in the rulemaking process.

Question 18

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

Accepted Answer

The answer of The Securities and Exchange Commission decides to...

Question 19

The 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

Accepted Answer

The FDA's demands for particular documents must be specific and adequately describe the material being sought to ensure that they get the necessary information without causing undue burden on the company. This also helps to prevent the possibility of any incriminating items being overlooked.

Question 20

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

Accepted Answer

Congress has the power to create federal agencies and pass laws which would establish regulations for genetically modified agricultural products. Administrative agencies and the president can also play a role in enforcing such regulations, but it is ultimately up to Congress to create them. The Supreme Court would only get involved if there were legal challenges to the creation or enforcement of these regulations.

Quiz 20: Administrative Law