Question 1

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

Accepted Answer

Congress has the authority to create a new federal agency, such as a National Biotech Agency, through legislation. Therefore, lobbying efforts should be directed towards Congress in order to promote the creation of such an agency.

Question 2

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

Accepted Answer

The argument that the decision is arbitrary and capricious suggests that it lacks justification and follows no rational explanation, indicating that the decision changed the agency's prior policy without any sufficient reason. Therefore, option A is the best choice. The other options suggest that the decision was justified and based on relevant factors, which contradicts the argument put forth by Pure Water.

Question 3

The functions of the Social Security Administration,like those of other administrative agencies,include​

Accepted Answer

The Social Security Administration, like other administrative agencies, performs adjudication functions, which involve making decisions and resolving disputes. Adjudication is a key function of administrative agencies and involves the application of rules, regulations, and policies to specific cases. The other options listed (declaration, enunciation, and pronunciation) are not relevant or applicable to the functions of the Social Security Administration.

Question 4

The Nuclear Regulatory Commission (NRC)files a complaint against General Construction Corporation (GCC).GCC may want to settle the dispute,before formal adjudicatory proceedings begin,to avoid​

Accepted Answer

The answer of The Nuclear Regulatory Commission (NRC)files a complaint...

Question 5

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

Accepted Answer

The Code of Federal Regulations is the compilation of the general and permanent administrative rules and regulations published by federal agencies, including the U.S. Citizenship and Immigration Service. The Administrative Register of the Federal Government is a publication that provides public notice of agency rulemaking activities, but it is not a compilation of the actual rules. The Federal Rules of Civil Procedure and the United States Code are unrelated to agency rulemaking.

Question 6

The Merit Systems Protection Board issues a rule.Like other administrative agencies' "legislative rules," this rule is as​

Accepted Answer

A rule issued by an administrative agency like the Merit Systems Protection Board has the force of law and is binding on those to whom it applies, similar to a law passed by Congress.

Question 7

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

Accepted Answer

The answer of Before adopting new regulations to govern Internet-based...

Question 8

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

Accepted Answer

The CPSC will issue a subpoena to obtain the records. A subpoena is a legal order that requires the recipient to provide the requested documents or testimony. It is frequently used in legal proceedings to obtain evidence, and is often used by regulatory agencies like the CPSC to enforce compliance with safety regulations.

Question 9

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

Accepted Answer

The Federal Register is the official journal of the federal government, where agencies like the Food Safety and Inspection Service publish important notices, proposed and final rules, and other regulatory documents. This is the most appropriate and widely recognized method for notifying the public of a proposed rule. The news media and trade journals may also report on the proposed rule, but they are not sufficient or authoritative sources of information. An office memo is not a proper way to reach the wider public or stakeholders outside of the agency's immediate staff.

Question 10

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

Accepted Answer

Notice-and-comment rulemaking is used by federal agencies to issue legislative rules, which are substantive rules that have the force and effect of law. These rules are made through a formal process that involves creating a proposed rule, allowing public comments, and then issuing a final rule. The FAA uses this process to establish safety standards, procedures, and other regulations related to aviation.

Question 11

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with​

Accepted Answer

Caleb can be compelled to appear before an administrative law judge through a subpoena, which is a legal document requiring a person to appear in court or at a deposition to provide testimony. A politely worded request or an order for specific performance would not have the legal authority to compel Caleb to appear. A rule for parol evidence is a legal rule regarding the admissibility of evidence and would not be relevant in this situation.

Question 12

The Food and Drug Administration (FDA)is investigating reports that Caplets Pharmaceutical 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 demands from the FDA must be specific and adequately describe the material being sought in order to ensure that potentially harmful additives are identified and removed from Doze. Non-specific demands could lead to important evidence being overlooked, and general demands may not be effective in obtaining necessary information from an uncooperative party. While the FDA is a federal agency, this does not affect the need for specific demands.

Question 13

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​

Accepted Answer

The scenario described involves the exhaustion doctrine, which requires that an individual or entity seeking judicial review of an agency decision first utilize all available administrative remedies. This ensures that the agency has had the opportunity to fully consider and address the issue before it goes to court.

Question 14

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a presidential veto of​

Accepted Answer

Presidential veto power allows the president to reject or modify any legislation passed by Congress, including modifications to an agency's authority. This gives the president direct control over the actions of an agency, allowing them to ensure that the agency's actions align with their priorities and goals. The president does not have veto power over the agency's final rules or orders, as these are considered part of the agency's normal regulatory process.

Question 15

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​

Accepted Answer

If a decision is considered arbitrary and capricious, it means that it lacked a rational explanation and was not based on evidence or legally appropriate factors. Therefore, the best choice is D, which suggests that the decision was plainly contrary to the evidence.

Question 16

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​

Accepted Answer

The IRS can only request or seize documents that are relevant to their investigation. Whether or not they are incriminating or valuable is not relevant to the legality of the seizure. Technical documents may also be relevant and subject to seizure.

Question 17

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​

Accepted Answer

The USPTO can legitimately gain access to Verity Corporation's records if the company consents to the review. This is the most ethical and legal way for the USPTO to gain access to the records without coercion or unauthorized infiltration. Public comment does not necessarily grant the USPTO access to the records, as it is not a legal document or agreement.

Question 18

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

Accepted Answer

Administrative agencies, such as the U.S. Mine Safety Administration, are authorized to conduct warrantless searches in highly regulated industries, where health and safety concerns may exist. These industries include but are not limited to aviation, food and drug, nuclear power, and telecommunications industries. However, warrantless searches cannot be conducted in no industries, nor are they limited to newly regulated industries only.

Question 19

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​

Accepted Answer

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

Question 20

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

Accepted Answer

Notice-and-comment rulemaking involves the public being asked to comment on a proposed rule, giving them a chance to provide input and feedback on the potential impacts and effectiveness of the rule. Judges, legislators, and the president are not typically involved in this process, and potential violators are not notified until the rule is finalized and in effect. The "notice" and "comment" refer to the steps taken by the administrators to publish the proposed rule and receive feedback from the public.

Quiz 5: Powers and Functions of Administrative Agencies

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on

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

The functions of the Social Security Administration,like those of other administrative agencies,include

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC) .GCC may want to settle the dispute,before formal adjudicatory proceedings begin,to avoid

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

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

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

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

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

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

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with

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

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

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a presidential veto of

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

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

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

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

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

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

Quiz 5: Powers and Functions of Administrative Agencies

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

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

The functions of the Social Security Administration,like those of other administrative agencies,include​

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC) .GCC may want to settle the dispute,before formal adjudicatory proceedings begin,to avoid​

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

The Merit Systems Protection Board issues a rule.Like other administrative agencies' "legislative rules," this rule is as​

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

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

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

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

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with​

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

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​

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a presidential veto of​

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​

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​

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​

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

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​

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

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on

The functions of the Social Security Administration,like those of other administrative agencies,include

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC) .GCC may want to settle the dispute,before formal adjudicatory proceedings begin,to avoid

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

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

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

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

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

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

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with

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

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

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a presidential veto of

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

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

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

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

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