Question 1

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

Accepted Answer

The president's power to appoint agency officers is a key way in which they can exercise control over agencies such as the Federal Communications Commission. By appointing individuals who share their policy priorities and goals, presidents can shape the direction of agencies and influence their decisions. The other options listed may also be used by the president to exercise control over agencies, but they are more limited in scope and effectiveness.

Question 2

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 3

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

A decision that is arbitrary and capricious implies that it lacked a rational basis, was made without consideration of all relevant factors, or changed the agency's prior policy without justification. Therefore, option A is the best choice in this case.

Question 4

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​

Accepted Answer

The IRS was created by Congress through enabling legislation, specifically the Revenue Act of 1862.

Question 5

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​

Accepted Answer

Demands for particular documents from Caplets Corporation must be specific and adequately describe the material being sought in order to ensure that all potentially harmful additives are identified and addressed appropriately. A general or vague request may miss important information and may not be effective in preventing harm to consumers.

Question 6

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in​

Accepted Answer

Administrative agencies can conduct warrantless searches in highly regulated industries to enforce compliance with regulations and ensure public safety. The U.S. Mine Safety Administration, for example, inspects mines to ensure worker safety and environmental compliance.

Question 7

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​

Accepted Answer

An administrative law judge presides over hearings related to violations of Social Security Administration rules. Federal appellate court judges and federal district court judges typically hear appeals and lawsuits related to more significant legal issues, while U.S. Marshals are responsible for law enforcement activities.

Question 8

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​

Accepted Answer

Before seeking judicial review, the company must exhaust all possible administrative remedies, which means going through all available channels of appeal within the agency, including filing a petition for reconsideration or a formal complaint. Only after all administrative remedies have been exhausted can the company seek review in the courts. Refusing to comply with the agency decision (option A) would likely result in legal consequences for the company, and petitioning other interested parties (option B) may not be relevant to the legal process. Publishing its opposition in the Federal Register (option D) does not serve as a necessary step in seeking judicial review.

Question 9

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

Accepted Answer

The congressional act enabling the Environmental Protection Agency to regulate air and water pollution is a delegation of legislative power. Congress is delegating its power to regulate pollution to the EPA, which is a part of the executive branch.

Question 10

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

Accepted Answer

The answer of To notify the public of a proposed...

Question 11

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​

Accepted Answer

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

Question 12

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

Accepted Answer

In notice-and-comment rulemaking, the final rule has legal effect unless a court overturns it. This means that the rule is binding and enforceable even before a court affirms it, and it will continue to be binding unless a court determines that it is invalid. Congress does not need to approve the rule for it to have legal effect.

Question 13

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​

Accepted Answer

The SEC can request or review documents that are relevant to their investigation or oversight activities. Whether the documents are incriminating, technical, or valuable is not relevant to their permissibility to request or review them.

Question 14

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​

Accepted Answer

The Nuclear Regulatory Commission's functions are part of the administrative process, which involves the implementation and enforcement of government policies and regulations by independent agencies such as the NRC. The legislative process involves the creation of laws, while the judicial process involves interpreting and applying those laws. The executive process involves the implementation of laws and policies by the executive branch of government.

Question 15

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

Accepted Answer

The best choice is a subpoena, which is a legal document requiring an individual or organization to produce certain documents or information. It is often used in legal and government proceedings as a means of obtaining evidence or information relevant to a case or investigation. In this scenario, the NSA is requesting certain records from Oceanic Airlines, and a subpoena would be the appropriate legal tool to compel them to produce those records.

Question 16

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​

Accepted Answer

Congress has the power to create federal agencies, including the proposed National Biotech Agency. Lobbying efforts directed towards Congress may be more effective in achieving this goal than lobbying efforts towards administrative agencies, the Supreme Court, or the president.

Question 17

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

Accepted Answer

Notice-and-comment rulemaking involves the federal agency publishing a proposed rule in the Federal Register and opening a period of time for public comments on the proposal. This allows for public input and feedback on the rule before it is finalized. Judges, legislators, and the president are not usually involved in this process. Potential violators are not notified, as the rule has not yet been finalized. The administrators may notice a problem and comment on it, but this would not involve the public comment period.

Question 18

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​

Accepted Answer

The answer of The Federal Trade Commission (FTC)orders Retail Empire...

Question 19

The Merit Systems Protection Board issues a rule.Like other administrative agencies' rules,this rule is as​

Accepted Answer

Administrative agencies' rules have the force of law and are binding unless overturned by a court.

Question 20

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​

Accepted Answer

Tim can be compelled to appear before an administrative law judge if he is served with a subpoena. A subpoena is a legal document that requires a person to appear in court or at a deposition to testify as a witness. It is commonly used in administrative proceedings, such as those conducted by the U.S. Bureau of Tobacco and Firearms. An order for specific performance, an executive order, and a search warrant are not applicable in this situation.

Quiz 23: Administrative Agencies

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

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

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

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

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

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

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

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

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

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

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

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

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

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

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

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

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

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

The Merit Systems Protection Board issues a rule.Like other administrative agencies' rules,this rule is as

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