Question 1

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

Accepted Answer

The Government-in-the-Sunshine Act requires that most meetings of federal administrative agencies be open to public observation unless they meet certain exceptions. The Freedom of Information Act and the Public Accountability Act are not relevant to the question of open meetings.

Question 2

The Regulatory Flexibility Act has helped reduce record-keeping bur?dens for Hometown Gas Company and other small business firms in the area of

Accepted Answer

The Regulatory Flexibility Act aims to reduce the regulatory burden on small businesses, including in areas like hazardous waste management, by requiring agencies to consider the impact of their regulations on small entities and explore flexible approaches.

Question 3

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 require Monster Toy Company to produce the requested records. A subpoena is a legal document that requires a person or organization to provide evidence or testimony in a legal proceeding. In this case, the CPSC is seeking records for review, and a subpoena is the appropriate legal tool to obtain them.

Question 4

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

Accepted Answer

Legislative rules issued by administrative agencies like the Merit Systems Protection Board have the force and effect of law and are binding, just like laws passed by Congress. Therefore, option A is the best choice. Option B is incorrect because administrative agencies' legislative rules are not just expert opinions. Option C is incorrect because the rule is not suggestive like a newspaper's editorial. Option D is incorrect because the rule has legal implications and consequences, unlike salesperson's puffery, which is vague and mostly false advertising.

Question 5

The U.S.Fish and Wildlife Service uses notice-and-comment rulemak?ing.This involves a period during which

Accepted Answer

Notice-and-comment rulemaking involves the U.S. Fish and Wildlife Service asking for public comments on a proposed rule. Therefore, option D is the correct choice. Option A is not accurate as judges, legislators, and the president are not necessarily asked about a proposed rule during this process. Option B is incorrect as potential violators are not notified of a proposed rule during the notice-and-comment period. Option C is also incorrect as the administrators do not just notice a problem and comment on it, but rather seek input from the public on a proposed rule.

Question 6

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

Accepted Answer

The FTC can use a subpoena to compel the production of documents and testimony to reveal violations of the law. This is part of its investigative powers to ensure compliance with regulations.

Question 7

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

Accepted Answer

The answer of The Food and Drug Administration (FDA)is investigating...

Question 8

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

Independent regulatory agencies are created by Congress to regulate specific industries or sectors and are outside of the major departments of the executive branch. While they are technically part of the executive branch, they are designed to be independent from the President's control, which is why they are overseen by boards or commissions rather than single executives.

Question 9

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA).Like other federal administrative agencies,the OSHA was created by

Accepted Answer

OSHA was created by Congress through the Occupational Safety and Health Act of 1970 (enabling legislation).

Question 10

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs,tweets,and Web sites.The first step is to

Accepted Answer

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

Question 11

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 daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents. It is the primary way that federal agencies, such as the Food Safety and Inspection Service, notify the public of proposed rules and solicit feedback. The other options (news media, trade journal, office memo) may be used for internal communication or outreach efforts, but are not the appropriate or official channels for notifying the public of a proposed rule.

Question 12

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

Arbitrary and capricious means that the decision was not based on a consideration of all relevant factors or changed the agency's prior policy without justification.

Question 13

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a pres?iden?tial 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 14

The Internal Revenue Service (IRS)wants to seize certain documents of Mortgage Bank,Inc.Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the docu?ments are

Accepted Answer

The permissibility of the IRS to request or seize certain documents of Mortgage Bank, Inc. depends on whether the documents are relevant. Relevant documents are those that have a direct connection to the issue or matter being questioned by the IRS. If the documents are considered relevant, then the IRS may legally seize them. The other options (incriminating, technical, valuable) may be factors to consider, but relevance is the most important factor in determining whether the IRS can request or seize the documents.

Question 15

Guard Personnel Company is charged 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

Accepted Answer

The best choice for Guard Personnel Company in this scenario would be to appeal to the commission that governs the TSA. This is because the TSA is the agency that has set the regulations that Guard has been found to not comply with, and appealing to a different agency or ignoring the order would not address the issue at hand. Additionally, Congress did create the TSA, but an appeal to them would not necessarily result in a resolution of the issue or a change in the TSA's regulations. Appealing to the commission that governs the TSA would give Guard the best chance at resolving the issue and ensuring compliance with TSA regulations.

Question 16

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

Accepted Answer

Notice-and-comment rulemaking is a process where the federal agencies propose a rule, seek public comments on it, and then issue a final rule. This process is mainly used to promulgate legislative rules, which have the force of law and are binding on both the agency and the affected parties. The other options (B, C, and D) do not accurately describe the final rule made through notice-and-comment rulemaking.

Question 17

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

Accepted Answer

Notice-and-comment rulemaking is a process that allows for public participation in creating and changing federal regulations. Once the final rule is published, it becomes legally binding unless a court overturns it. Therefore, choice D is the correct answer.

Question 18

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

Accepted Answer

The Federal Communications Commission (FCC) must adhere to the Administrative Procedure Act, which sets out the process for rulemaking, including public notice and comment. Ignoring it would be unlawful.

Question 19

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

Accepted Answer

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

Question 20

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

Accepted Answer

The court is likely to defer to the BLM's interpretation of both the facts and the law because notice-and-comment rulemaking requires the agency to consider public comments and engage in reasoned decision-making, which provides a level of deference to the agency's expertise in interpreting the law and the facts.

Quiz 44: Administrative Law

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

The Regulatory Flexibility Act has helped reduce record-keeping bur?dens for Hometown Gas Company and other small business firms in the area of

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

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

The U.S.Fish and Wildlife Service uses notice-and-comment rulemak?ing.This involves a period during which

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

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

Independent regulatory agencies such as the Federal Trade Commission are

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA) .Like other federal administrative agencies,the OSHA was created by

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs,tweets,and Web sites.The first step is to

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

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

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a pres?iden?tial veto of

The Internal Revenue Service (IRS) wants to seize certain documents of Mortgage Bank,Inc.Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the docu?ments are

Guard Personnel Company is charged 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

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

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

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

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

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