Deck 43: Administrative Law

Question 1

An agency can issue an "interpretive rule" through an informal method of policymaking.

Answer 1

True

Question 2

A federal administrative agency's final rule is published in the United States Code.

Answer 2

False

Question 3

Administrative agencies do not have rule-making powers.

Answer 3

False

Question 4

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

Question 5

There are requirements for formal administra?tive rulemaking.

Question 6

Enabling legislation is passed by an administrative agency before it be?gins any regu?latory activities.

Question 7

A subpoena duces tecum is an order to an individual or organization to hand over certain records, papers, or books.

Question 8

Congress creates federal administrative agencies.

Question 9

The major function of an administrative agency is rulemaking.

Question 10

An administrative agency may exercise only those powers that Congress delegates to it.

Question 11

Administrative agencies create administrative law.

Question 12

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

Question 13

Administrative agencies are independent of the executive, judicial, and legislative branches of government.

Question 14

Administrative rules do not have binding legal effect.

Question 15

Congress issues "legislative rules" when it creates an administrative agency.

Question 16

An agency action may be set aside unless it is arbitrary or capricious.

Question 17

Administrative agencies may issue regulations.

Question 18

The president of the United States has the power to appoint the members of federal administra?tive agencies.

Question 19

An administrative agency can compel a witness to appear at an agency hearing.

Question 20

Federal agencies must follow formal procedures to make policy.

Question 21

An administrative law judge rules on questions of fact.

Question 22

An agency must conduct a regulatory flexibility analysis of every new regulation.

Question 23

Administrative agencies have adjudicatory powers.

Question 24

Most meetings of a federal agency must be open to public observation.

Question 25

Under the Regulatory Flexibility Act, administrative agencies have the flexibility to issue any regulation that will have "a significant impact."

Question 26

Administrative agencies can obtain in?forma?tion through on-site searches.

Question 27

To challenge an agency action, a party must have at least an abstract disagreement over an administrative policy.

Question 28

An administrative agency will generally initiate an administrative ac?tion against an organization by undertaking formal adjudication.

Question 29

Congress can review new federal regulations before they take effect.

Question 30

An administrative agency cannot conduct a search without a warrant.

Question 31

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

Question 32

Most disputes over administrative actions are resolved through negotiated settlements at their initial stages.

Question 33

Administrative agencies may be required to show that in?forma?tion re?quested during the course of an investigation is relevant.

Question 34

The judicial branch exercises control over administrative agencies through its power to fund them.

Question 35

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

Question 36

A regulated party can take a dispute about the regulation to a court rather than going through the administrative adjudicatory process.

Question 37

Administrative agencies must rely on the voluntary state?ments of third parties to fulfill the agencies' fact-gather?ing function.

Question 38

Judicial review of administrative agency actions is required.

Question 39

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

Question 40

Congress can "freeze" the enforcement of a regulation before it takes effect.

Question 41

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

A) hold hearings to acquire facts pertinent to the proposed rules.
B) ignore the Administrative Procedure Act to streamline proceedings.
C) order manufacturers to provide certain documents.
D) solicit testimony from interest groups and consumers.

Question 42

The Federal Highway Administration uses notice-and-comment rulemaking. This process begins with

A) a request to Congress to enact enabling legislation.
B) the filing of a complaint against a charged party.
C) the publication of a notice of proposed rulemaking.
D) the solicitation of public comments.

Question 43

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

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 44

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

A) in a nationally distributed newspaper.
B) in a trade journal available to members of the industry.
C) in the Federal Register.
D) on a public television station.

Question 45

The Office of Postsecondary Education, like other federal administra?tive agencies, is part of the government's

A) administrative branch.
B) executive branch.
C) judicial branch.
D) legislative branch.

Question 46

With respect to the objectives of Congress, the principal role of the Small Business Administration and other federal administrative agencies is to

A) act independently of those goals.
B) create new goals.
C) eliminate those goals.
D) implement the goals.

Question 47

Independent regulatory agencies such as the Federal Trade Commission are

A) not part of the government's executive branch.
B) outside the major departments of the government's executive branch.
C) subagencies of executive agencies.
D) subject to more executive authority than executive agencies.

Question 48

The Merit Systems Protection Board issues a rule. Like other adminis?tra?tive agencies' "legislative 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 49

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemak?ing. 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 50

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can gain access to the records through

A) a subpoena only.
B) neither Verity's consent nor a subpoena.
C) Verity's consent only.
D) Verity's consent or a subpoena.

Question 51

The Equal Employment Opportunity Commission (EEOC) orders First Financial Company to reveal certain information. First Financial complains to a court, arguing that the order is an abuse of the EEOC's discretion. Like other agencies, the EEOC can use a subpoena to

A) obtain any information, without limits.
B) obtain assurances that the law is not being violated.
C) obtain documents, but not to compel a party to testify.
D) pressure a party to settle an unrelated matter.

Question 52

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

A) the Administrative Register of the Federal Government.
B) the Code of Federal Regulations.
C) the Federal Rules of Civil Procedure.
D) the United States Code.

Question 53

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 54

Truck Transport Company is subject to a decision by the National Labor Relations Board. Truck Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

A) followed a consideration of legally appropriate factors.
B) justifiably changed the agency's prior policy.
C) was accompanied by a rational explanation.
D) was plainly contrary to the evidence.

Question 55

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

A) a legislative rule.
B) an interpretive rule.
C) an adjudicatory order.
D) an executive edict.

Question 56

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

A) are usually reluctant to review questions of fact.
B) rarely defer to the technical expertise of administrative agencies.
C) often rule on the merits of policy determinations.
D) all of the choices.

Question 57

Persons who favor the creation of a National Biotech Agency to regu?late the production of genetically altered agricultural products should con?cen?trate their lobbying ef?forts 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 58

National Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

A) Congress, through enabling legislation.
B) the Federal Trade Commission, through the rulemaking process.
C) the president, through an executive order.
D) the U.S. Department of Labor, through a final order.

Question 59

Seafood Restaurant Company 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, through the _ Amendment.
D) the U.S. Department of the Treasury, through a final order.

Question 60

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris?diction. This is

A) divine right.
B) the delegation of legislative powers.
C) gap-filling power.
D) unconstitutional conduct.

Question 61

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

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

Question 62

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

A) accounting practices.
B) asset acquisition.
C) hazardous waste management.
D) tax reporting.

Question 63

Caleb is a witness in a contro?versy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an adminis?trative law judge if he is served with

A) an order for specific performance.
B) a rule for parol evidence.
C) a subpoena ad testificandum.
D) a subpoena duces tecum.

Question 64

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care 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 65

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

A) compel a party to testify, but not to obtain documents.
B) obtain any information except what a party refuses to reveal.
C) pressure a party to settle an unrelated matter.
D) reveal violations of the law.

Question 66

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 67

Labor Recruiters, Inc., has been ordered to appear at a hearing be?fore 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 dur?ing adminis?trative 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 68

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 69

The functions of the Social Security Administration, like those of other adminis?trative agencies, include

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

Question 70

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

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 71

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the informa?tion, Jay must

A) agree not to reveal any trade secrets.
B) describe the information.
C) get a court order.
D) have Kim's and the others' permission.

Question 72

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

A) an actual controversy at issue.
B) standing to sue.
C) the exhaustion doctrine.
D) the ripeness doctrine.

Question 73

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

A) must be specific, but there is no limit on its burdensomeness.
B) must not be unduly burdensome, but it need not be specific.
C) must be specific and not unduly burdensome.
D) need not be specific and there is no limit on its burdensomeness.

Question 74

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

A) an order for specific performance.
B) a rule for parol evidence.
C) a subpoena ad testificandum.
D) a subpoena duces tecum.

Question 75

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

A) appeal to the commission that governs the TSA.
B) appeal to Congress, which created the TSA.
C) appeal to a different, separate agency.
D) ignore the order.

Question 76

Closed meetings of the Office of Community Planning and Development 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 agency actions.
C) the subject of the meeting involves matters relating to future liti?ga?tion or rulemaking.
D) all of the choices.

Question 77

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 78

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Longhorn Cattle Company. Longhorn appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

A) fact and law.
B) fact only.
C) law only.
D) neither fact nor law.

Question 79

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 80

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

A) Congress's modifications of the agency's authority.
B) the agency's final rules.
C) the agency's final orders.
D) none of the choices.