Question 1

Where could a business find notices of proposed rules?

Accepted Answer

The Federal Register is the official source for notices of proposed rules, and industry trade publications may also provide information about proposed rules that are relevant to a particular business or industry. The Code of Federal Regulations contains the final rules that have been adopted, but not the notices of proposed rules. Therefore, both options B and C are necessary for a business to stay informed about proposed rules that could affect their operations.

Question 2

Choose the one with the correct ordering of rulemaking functions from among the following:

Accepted Answer

The correct order of rulemaking functions is as follows: first, there is the enabling statute that gives an agency the authority to create a rule; then the agency studies the issues related to the rule; after that, there is a comment period during which the public can provide input on the proposed rule; finally, the agency promulgates the final rule. Option C is the only answer that correctly follows this order.

Question 3

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​
-Where else would the proposed regulations need to be published?

Accepted Answer

The answer of Congress passed the Nursing Mothers Law in...

Question 4

What is the effect of a consent decree?

Accepted Answer

A consent decree is a legal agreement between parties that settles a dispute without going to court. In such cases, the party that is alleged to have committed a violation agrees to take certain corrective actions, while making no admissions as to conduct. Therefore, option B is the correct answer. Option A is incorrect because the agency's charges are addressed through corrective actions. Option C is also incorrect because a consent decree is usually a final agreement between the parties, and there may not be any further judicial appeal. Option D is irrelevant to the question.

Question 5

Choose the answer with the correct order for administrative agency enforcement proceedings.

Accepted Answer

The correct order for administrative agency enforcement proceedings is charges, hearing, findings and decision, administrative agency decision, judicial appeal. Option C matches this order. Option A has the wrong order with a consent decree before a hearing, and Option B includes fines without a mention of a hearing. Option D only includes a judicial appeal without administrative agency decision, and Option E includes a consent decree before a hearing.

Question 6

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico.The Department has not followed the 30-day comment rule on the composition and location of the proposed fence.The Department:

Accepted Answer

The answer of The Department of Homeland Security has been...

Question 7

John Forsyth is the head of the Securities Exchange Commission.There are new rules pending before the SEC that would require lawyers to blow the whistle on their clients.The American Bar Association,which is opposed to the legislation,has just offered Mr.Forsyth's son a full scholarship to the law school of his choice.

Accepted Answer

The scholarship offered to Mr. Forsyth's son is not a violation of the law unless there is a clear connection between the proposed rule and the scholarship. As long as the ABA did not offer the scholarship with the intention of influencing Mr. Forsyth's decision on the pending rule, there is no violation of any law. However, there may be ethical concerns regarding the appearance of impropriety or conflict of interest.

Question 8

What is the difference between formal rulemaking and informal rulemaking?

Accepted Answer

Formal rulemaking typically involves a more structured process including public hearings where interested parties can present their views directly, whereas informal rulemaking, often referred to as "notice-and-comment rulemaking," does not necessarily require such hearings.

Question 9

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​
-The Nursing Mothers Law:

Accepted Answer

The Nursing Mothers Law is the primary law that requires employers to provide break time and private space for nursing mothers to pump breast milk for their babies.

Question 10

The FDA had approved a new diet drug for the market.The agency pulled the approval and the drug off the market because a staff member said,"This drug didn't work for me." The manufacturer of the drug could challenge the FDA action:

Accepted Answer

The manufacturer could challenge the FDA's action on any of the grounds listed: as arbitrary and capricious because the decision was based on a single staff member's personal experience rather than a comprehensive review; for failure to follow proper procedures if the ADA (Americans with Disabilities Act) procedures were relevant and not adhered to; and for lack of substantial evidence if the decision to pull the drug was not supported by the broader data.

Question 11

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​
-What is the minimum time period for comments that the Department of Labor must allow?

Accepted Answer

The minimum time period for comments that the Department of Labor must allow is 30 days. This is a standard minimum period for public comment on proposed federal rules, allowing stakeholders and the public to provide feedback before the rules are finalized.

Question 12

Which law simplified rulemaking for businesses?

Accepted Answer

The Regulatory Flexibility Act (RFA) was enacted in 1980 to help small businesses by requiring federal agencies to analyze the economic impact of their proposed regulations on small entities. The RFA allows for flexibility in the rulemaking process and requires agencies to consider less burdensome alternatives for small businesses. This law has helped to simplify rulemaking for businesses, especially for small businesses. The Freedom of Information Act and Administrative Procedures Act have different purposes and do not directly address simplifying rulemaking for businesses.

Question 13

The Federal Maritime Commission approved the charter for an inter-island ferry service in Hawaii but did so without a study of the environmental impact of adding the ferry service.Federal agencies are required to determine environmental impacts of all actions.The airlines that fly between the islands wish to challenge the ferry approval by the Maritime Commission.What grounds could they use?

Accepted Answer

The airlines could challenge the ferry approval on the grounds of failure to comply with statutory procedures since federal agencies are required to determine environmental impacts of all actions, and the Maritime Commission approved the charter without such a study. The grounds of arbitrary and capricious or favoritism would not apply without specific evidence of such behavior.

Question 14

Choose the answer with the proper order for administrative rulemaking.

Accepted Answer

The correct sequence for administrative rulemaking typically involves first studying the problem to understand what needs to be addressed, then issuing a notice of rulemaking to inform the public and stakeholders about the proposed rules, followed by a public comment period where feedback is collected, and finally, promulgation, where the rule is formally adopted and published.

Question 15

Congress passed the Nursing Mothers Law in 2010, a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.  On January 3, 2011, the Department of Labor published proposed rules in the Federal Register.
-If the Department of Labor decides to change the content and approach of the proposed rules based on feedback,which of the following is correct?

Accepted Answer

The Department of Labor, after proposing rules, often allows for a public comment period on those proposals. If changes are made based on feedback, they typically need to publicize those changes and allow for another comment period, ensuring transparency and public participation in the rule-making process.

Question 16

Zero-base budgeting:

Accepted Answer

Zero-base budgeting means that an agency does not automatically receive its previous year's base budget. Instead, each program or activity must be justified in new budget requests, starting from a zero base. This approach requires a thorough analysis of each program's goals and benefits, and emphasizes the need to prioritize and allocate resources based on performance outcomes. It was first used in the private sector and later adopted by some government agencies as a method of improving efficiency and accountability. Option A is incorrect because "sunseting" means that a law or program will automatically expire at a certain time, rather than being subject to zero-base budgeting. Option C is incorrect because zero-base budgeting is a legal and valid method of budgeting, and has been used by many organizations and governments.

Question 17

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​
-Who is allowed to submit comments on the proposed rules?

Accepted Answer

When the Department of Labor publishes proposed rules in the Federal Register, it invites comments from the public at large. This means that anyone, regardless of their status as employers, affected parties, or nursing mothers, can submit comments. This process is part of the rule-making procedure in the United States, allowing for a broad range of input on proposed regulations.

Question 18

Who did President Obama appoint to oversee the spending under the American Reinvestment and Recovery Act?

Accepted Answer

Earl Devaney was appointed by President Obama to oversee the spending under the American Reinvestment and Recovery Act, ensuring transparency and accountability in the use of the funds.

Question 19

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​
-How can comments be submitted?

Accepted Answer

The text does not suggest any limitations on how comments can be submitted, but it does mention the publication of proposed rules in the Federal Register, which is a platform for public comments. While it is possible that other channels may also exist, the only option mentioned in the passage is submitting comments by letter.

Question 20

If a company challenges a penalty imposed by an administrative agency,which of the following is the correct order for its appeal?

Accepted Answer

The correct order for appealing a penalty imposed by an administrative agency typically starts with a hearing before an Administrative Law Judge (ALJ), followed by an appeal to the agency commissioners, and finally, if necessary, a judicial challenge in court. This process allows for administrative review before involving the judiciary.

Quiz 6: Administrative Law

Where could a business find notices of proposed rules?

Choose the one with the correct ordering of rulemaking functions from among the following:

What is the effect of a consent decree?

Choose the answer with the correct order for administrative agency enforcement proceedings.

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico.The Department has not followed the 30-day comment rule on the composition and location of the proposed fence.The Department:

What is the difference between formal rulemaking and informal rulemaking?

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register. -The Nursing Mothers Law:

The FDA had approved a new diet drug for the market.The agency pulled the approval and the drug off the market because a staff member said,"This drug didn't work for me." The manufacturer of the drug could challenge the FDA action:

Which law simplified rulemaking for businesses?

Choose the answer with the proper order for administrative rulemaking.

Zero-base budgeting:

Who did President Obama appoint to oversee the spending under the American Reinvestment and Recovery Act?

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register. -How can comments be submitted?

If a company challenges a penalty imposed by an administrative agency,which of the following is the correct order for its appeal?

Quiz 6: Administrative Law

Where could a business find notices of proposed rules?

Choose the one with the correct ordering of rulemaking functions from among the following:

What is the effect of a consent decree?

Choose the answer with the correct order for administrative agency enforcement proceedings.

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico.The Department has not followed the 30-day comment rule on the composition and location of the proposed fence.The Department:

What is the difference between formal rulemaking and informal rulemaking?

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​ -The Nursing Mothers Law:

The FDA had approved a new diet drug for the market.The agency pulled the approval and the drug off the market because a staff member said,"This drug didn't work for me." The manufacturer of the drug could challenge the FDA action:

Which law simplified rulemaking for businesses?

Choose the answer with the proper order for administrative rulemaking.

Zero-base budgeting:

Who did President Obama appoint to oversee the spending under the American Reinvestment and Recovery Act?

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​ -How can comments be submitted?

If a company challenges a penalty imposed by an administrative agency,which of the following is the correct order for its appeal?

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register. -The Nursing Mothers Law:

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register. -How can comments be submitted?