Question 1

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission and that in any event,action by an agency is always upheld.Which of the following would have reached the decision at her hearing before the administrative agency?

Accepted Answer

After investigation,the agency holds an administrative hearing before an administrative law judge (ALJ).

Question 2

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is true regarding the claim of Fluffy Shampoo that the agency had no power to compel attendance and the provision of documents?

Accepted Answer

Agency powers typically include the power to issue a subpoena (i.e.,an order to appear at a particular time and place and provide testimony)and a subpoena duces tecum (i.e.,an order to appear and bring specified documents).

Question 3

According to the United Nations and as discussed in the textbook,which of the following is true regarding e-government,meaning the delivery of government services through digital information technologies including the Internet?

Accepted Answer

According to the United Nations and as discussed in the textbook,e-government,which is defined as the delivery of government services through digital information technologies including the Internet,is important because it reduces the cost of government while significantly improving the quality of services and citizen access.

Question 4

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that,in any event,action by an agency is always upheld.Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?

Accepted Answer

An appeal to the full commission or the head of an agency may then be filed,and that decision may be appealed to the circuit court of appeals.

Question 5

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.The statutes setting forth the authority of the agency are called ________ statutes.

Accepted Answer

Enabling legislation is a statute that specifies the name,functions,and specific powers of the administrative agency.Enabling statutes grant agencies broad powers for the purpose of serving the "public interest,convenience,and necessity." These broad powers include rule making,investigation,and adjudication.

Question 6

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.What would be the next step in obtaining enactment of the rules after publication?

Accepted Answer

The primary type of rule making administrative agencies use is informal rule making,or notice-and-comment rule making.Informal rule making applies in all situations in which the agency's enabling legislation or other congressional directives do not require another form.An administrative agency initiates informal rule making by publishing the proposed rule in the Federal Register.After publication,opportunity is provided for all interested parties to submit written comments.These comments may contain data,arguments,or other information a person believes might influence the agency in its decision making.

Question 7

List the stages and requirements of informal agency rule making.

Accepted Answer

The answer of List the stages and requirements of informal...

Question 8

Under the Privacy Act,an individual may have the right to:

Accepted Answer

Under the Privacy Act,an individual may have the right to see and amend federal agency records,as well as sue the government for Privacy Act violations.

Question 9

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is the correct term for legislation passed by Congress specifying the name,functions,and specific powers of the Animal Protection Commission?

Accepted Answer

Administrative agencies are created by the United States Congress through passage of enabling legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

Question 10

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that,in any event,action by an agency is always upheld.Which of the following is true regarding the statement by the agency that assuming an appeal to court is available,agency action is always upheld?

Accepted Answer

One basis for reversing an agency decision is that the agency exceeded the authority granted it by its enabling legislation.

Question 11

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is true regarding the claim of Fluffy Shampoo that criminal penalties may not result from violation of agency rules?

Accepted Answer

If an individual or business fails to comply with agency rules,there are often civil as well as criminal penalties.

Question 12

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following is the most likely type of rule making in which the Accounting Commission was involved?

Accepted Answer

Informal rule making applies in all situations in which the agency's enabling legislation or other congressional directives do not require another form.

Question 13

Which of the following is an incorrect statement regarding the Freedom of Information Act (FOIA)?

Accepted Answer

Any individual or business may make a Freedom of Information Act (FOIA)request to a federal government agency.However,one exception to public access to records pursuant to the FOIA involves internal agency matters (for example,personnel issues).

Question 14

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.Assuming Polly seeks to appeal revocation of her license to drive an automobile through any available avenues,what is the most likely result?

Accepted Answer

Courts can review whether an administrative agency exceeded the authority granted to it by its enabling legislation,as illustrated in the Yan Ju Wang v.George Valverde case referenced in the textbook.

Question 15

Why are administrative agencies sometimes referred to as the "fourth branch of government," and is this an accurate representation?

Accepted Answer

The answer of Why are administrative agencies sometimes referred to...

Question 16

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.What should Polly do next assuming her state's administrative scheme is the same as the federal scheme?

Accepted Answer

An individual or business that believes itself harmed by an administrative rule may challenge that rule in federal court once all administrative procedures have been exhausted.

Question 17

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following is the appropriate agency classification for the Accounting Commission?

Accepted Answer

The United States president appoints the commissioners of independent agencies with the advice and consent of the U.S.Senate,and these commissioners serve fixed terms and cannot be removed except for cause.No more than a simple majority of an independent agency can be members of any single political party.

Question 18

Which law requires that an agency business meeting be open to the public if a collegiate body heads the agency?

Accepted Answer

The Government in Sunshine Act requires that an agency business meeting be open to the public if a collegiate body heads the agency.A collegiate body consists of two or more persons,the majority of whom are appointed by the United States president with the advice and consent of the U.S.Senate.

Question 19

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following would be the appropriate location for publication of the proposed rules?

Accepted Answer

An agency initiates informal rule making by publishing the proposed rule in the Federal Register,along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process.

Question 20

To which of the following does the Freedom of Information Act (FOIA)not apply?

Accepted Answer

The Freedom of Information Act (FOIA)does not apply to the United States Congress,the federal courts,the executive staff of the White House,state or local governments,or to private businesses.

Quiz 4: Administrative Law

According to the United Nations and as discussed in the textbook,which of the following is true regarding e-government,meaning the delivery of government services through digital information technologies including the Internet?

List the stages and requirements of informal agency rule making.

Under the Privacy Act,an individual may have the right to:

Which of the following is an incorrect statement regarding the Freedom of Information Act (FOIA) ?

Why are administrative agencies sometimes referred to as the "fourth branch of government," and is this an accurate representation?

Which law requires that an agency business meeting be open to the public if a collegiate body heads the agency?

To which of the following does the Freedom of Information Act (FOIA) not apply?