Deck 43: Administrative Agencies

Question 1

The president of the United States may not veto congressional attempts to modify an agency's authority.​

Answer 1

False

Question 2

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

Answer 2

True

Question 3

Unlike statutory law, administrative law is created by administrative agencies, not by legislatures.​

Answer 3

True

Question 4

Federal regulations take precedence over conflicting state regulations.​

Question 5

Under what is known as the exhaustion doctrine, an agency must exhaustively regulate every aspect of every activity subject to its rule.​

Question 6

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

Question 7

A federal administrative agency is often created as a parallel to a state agency.​

Question 8

Rulemaking-the formulation of new administrative regulations-is a major function of administrative agencies.​

Question 9

Final administrative rules have binding legal effect.​

Question 10

Congress typically leaves a statute's implementation to an administrative agency.​

Question 11

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.​

Question 12

The president can appoint and remove officers from executive agencies.​

Question 13

Some federal agencies are not subject to the requirements of the Administrative Procedure Act.​

Question 14

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

Question 15

Administrative agencies create their own enabling legislation.​

Question 16

The overall benefits of administrative regulations often exceed their costs.​

Question 17

Interested parties must be given an opportunity to express their views on a proposed rule.​

Question 18

Independent federal regulatory agencies are outside the federal executive departments.​

Question 19

The most critical activity of an administrative agency is to spend more funds than are allocated to it.​

Question 20

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.​

Question 21

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of​

A) ​administrative law.
B) ​legislative law.
C) ​executive law.
D) ​statutory law.

Question 22

Congress can review new federal regulations before they take effect.​

Question 23

There are no situations in which an administrative agency can conduct a warrantless search.​

Question 24

A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.​

Question 25

Federal administrative agencies' final rules are compiled in the United States Code.​

Question 26

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.​

Question 27

In most instances, an agency is required to obtain a search warrant before a physical search for evidence is conducted.​

Question 28

Federal executive agencies such as the Occupational Safety and Health Administration are​

A) ​part of the government's executive branch.
B) ​outside the major departments of the government's executive branch.
C) ​subagencies of congressional committees.
D) ​arms of the courts.

Question 29

An administrative law judge does not have the power to rule on questions of evidence.​

Question 30

When reviewing an agency's decisions, a court will generally not grant deference to the agency's judgment.​

Question 31

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to​

A) ​no higher authority.
B) ​less executive authority than executive agencies.
C) ​more executive authority than executive agencies.
D) ​the authority of nongovernmental oversight committees.

Question 32

The U.S. Department of Health and Human Services (HHS) was founded in 1980. All of the following subagencies are within HHS except​

A) ​the National Institutes of Health.
B) ​the Food and Drug Administration.
C) ​the Veterans Health Administration.
D) ​the Centers for Disease Control.

Question 33

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

Question 34

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.​

Question 35

The Fourth Amendment protects against unreasonable searches and seizures by agencies.​

Question 36

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

Question 37

Most administrative actions are resolved through negotiated settlements at their initial stages, without formal adjudication.​

Question 38

The meeting of a federal administrative agency can be closed to public observation at the discretion of the agency.​

Question 39

An administrative law judge does not make determinations of facts.​

Question 40

State and federal administrative agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation​

A) ​the federal regulation takes precedence.
B) ​the state regulation takes precedence.
C) ​the regulations are mutually void.
D) ​the regulations are of equal effect.

Question 41

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​

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 42

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​

A) ​Congress.
B) ​federal administrative agencies that oversee agricultural products.
C) ​the United States Supreme Court.
D) ​the president of the United States.

Question 43

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​

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 this is only an investigation.

Question 44

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

A) ​Congress, through enabling legislation.
B) ​the courts, through the adjudicatory process.
C) ​the U.S. Constitution, in Article I, Section 8.
D) ​the president, through an executive order.

Question 45

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 46

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

A) ​appearing uncooperative.
B) ​eliminating the need for additional proceedings.
C) ​rectifying the problem to the NRC's satisfaction.
D) ​saving the expense of formal proceedings and later appeals.

Question 47

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire 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 48

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 49

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is​

A) ​divine right.
B) ​a delegation of legislative power.
C) ​a gap-filling power.
D) ​arbitrary and capricious.

Question 50

Executive control over the Federal Communications Commission, and other agencies, may be exercised through the president's power to​

A) ​appoint agency officers.
B) ​veto the agency's final rules.
C) ​veto the agency's final orders.
D) promulgate enabling legislation.

Question 51

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Tools & Hardware is opposed to the decision and wants a court to review it. First, however, the company must​

A) ​refuse to comply with the agency decision.
B) ​petition other interested parties to oppose the decision.
C) ​exhaust all possible administrative remedies.
D) ​publish its opposition in the Federal Register.

Question 52

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

A) ​incriminating.
B) ​relevant.
C) ​technical.
D) ​valuable.

Question 53

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which​

A) ​judges, legislators, and the president are asked about a proposed rule.
B) ​potential violators of a proposed rule are notified and publicized.
C) ​the administrators "notice" a problem and "comment" on it.
D) ​the public is asked to comment on a proposed rule.

Question 54

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

A) ​through a broadcast on a public television station.
B) ​in a trade journal available to members of the industry.
C) ​in the Federal Register.
D) ​on its Web site.

Question 55

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​

A) ​an order for specific performance.
B) ​an executive order.
C) ​a subpoena.
D) ​a search warrant.

Question 56

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home 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 57

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 58

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

A) ​an order for specific performance.
B) ​a rule for parol evidence.
C) ​a formal complaint.
D) ​a subpoena.

Question 59

The Merit Systems Protection Board issues a rule. Like other administrative 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 60

The Federal Aviation Administration uses notice-and-comment rulemaking. 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 61

Labor Recruiters, Inc., has been ordered to appear at a hearing before 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 during administrative 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 62

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.

Question 63

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

A) ​adjudication.
B) ​declaration.
C) ​enunciation.
D) ​pronunciation.

Question 64

Friend2Friend, Inc., a social network provider, is cited by an Internal Revenue Service (IRS) representative for an underpayment of federal income tax. Friend2Friend's accountants believed that the agency overlooked some of the firm's legitimate tax deductions and credits. Erin, Friend2Friend's chief executive officer, wants to challenge the assessment. What are Erin and Friend2Friend's next steps?​

Question 65

Guitar Maker, Inc., makes guitars. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of wood and its dust in the workplace, including the woods that Guitar Maker uses in its operations. Guitar Maker contends that the rule will involve substantial compliance costs without significantly increasing workplace safety. The firm sends a letter to OSHA indicating its objections to the proposed rule and enclosing research reports and other data supporting those objections. Does OSHA have any obligation to consider these objections? What procedures must OSHA follow when it makes new rules, such as this one?​

Question 66

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​

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

Question 67

Closed meetings of the U.S. Forest and Wildlife Service and other federal administrative agencies are permitted when​

A) ​the subject of the meeting concerns accusing a person of a crime.
B) ​open meetings would frustrate the implementation of future actions.
C) ​the subject of the meeting involves matters relating to future litigation or rulemaking.
D) ​all of the choices.

Question 68

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must​

A) ​agree not to reveal any trade secrets.
B) ​reasonably describe the information.
C) ​get a court order.
D) ​have the subjects' permission.

Question 69

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 70

The Environmental Protection Agency (EPA) discovers that Fish Farms, Inc. has violated an EPA regulation. If no settlement is reached, the EPA can​

A) ​issue a formal complaint against Fish Farms.
B) ​do nothing.
C) ​take the matter to the U.S. Supreme Court.
D) ​immediately impose sanctions on Fish Farms.

Question 71

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 72

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the 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) ​alert small businesses about forthcoming regulations.
D) ​adjust the rule to the satisfaction of the regulated businesses.