Question 1

Administrative agencies can conduct searches without warrants in

Accepted Answer

Administrative agencies are allowed to conduct searches without warrants in highly regulated industries, such as firearms or liquor, because these industries have a reduced expectation of privacy due to the pervasive regulation they are subject to.

Question 2

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

Accepted Answer

Closed meetings of the U.S. Bureau of Land Management are permitted under certain conditions that include all the choices listed: when the subject concerns accusing a person of a crime, when open meetings would frustrate the implementation of future actions, and when the subject involves matters relating to future rulemaking. These exceptions are designed to protect sensitive information, ensure privacy, and prevent undue interference with the agency's functions.

Question 3

Guitar Gear 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 Gear uses in its operations. Guitar Gear 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?

Accepted Answer

The answer of Guitar Gear Inc. makes guitars. The Occupational...

Question 4

During an administrative hearing, the parties may

Accepted Answer

During an administrative hearing, parties have the opportunity to give testimony, present evidence, and cross-examine witnesses, making all of the choices correct.

Question 5

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

Accepted Answer

The EPA can issue a formal complaint if a settlement is not reached with an entity that has violated its regulations. This is a standard procedure for regulatory agencies to enforce compliance.

Question 6

The Federal Emergency Management Agency (FEMA)discovers that Rescue Inc. is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

Accepted Answer

Most disputes involving regulatory violations, especially with agencies like FEMA, are resolved through negotiated settlements rather than going through lengthy and costly trials. This approach allows for a quicker resolution and often involves the violator agreeing to comply with regulations and possibly paying a fine or taking corrective action without the need for a trial.

Question 7

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

Accepted Answer

The Freedom of Information Act (FOIA) requires that requests for information reasonably describe the records being sought, allowing the agency to locate them with a reasonable amount of effort.

Question 8

A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is

Accepted Answer

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. In the context of administrative law, it refers to the process where an administrative law judge hears and decides issues arising from agency charges against individuals or firms.

Question 9

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA)may be challenged in

Accepted Answer

The Freedom of Information Act (FOIA) allows for the filing of a lawsuit in a federal district court if a federal agency, such as the FBI, fails to comply with a FOIA request. There is no U.S. Freedom of Information Agency, Congress's FOIA subcommittee, or a special conference with the president designated for these challenges.

Question 10

To be assured that a court will defer to an administrative agency's interpretation of the law, the agency must

Accepted Answer

The court is more likely to defer to an administrative agency's interpretation of the law if the agency meets the formal legal standards for notice-and-comment rulemaking. This process ensures that the agency's decisions are made transparently and with public input, lending credibility and legitimacy to its interpretations.

Question 11

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

Accepted Answer

The Regulatory Flexibility Act requires agencies to measure the cost of a rule on small businesses, consider less burdensome alternatives, and alert small businesses about forthcoming regulations, but it does not require agencies to adjust the rule to the satisfaction of the regulated businesses.

Question 12

Omega Company operates a computer chip production plant. Paola is the president of Omega. Rico, a representative of the Occupational Safety and Health Administration, inspects the plant and, citing a certain regulation, orders Omega to take specified steps immediately to improve sanitation at the plant. Paola believes that Rico is either exceeding his authority or that the regulation Rico claims to be enforcing is excessive. Can Omega ask a court for an order to stop enforcement of the regulation? If not, what can Omega do?

Accepted Answer

The answer of Omega Company operates a computer chip production...

Quiz 40: Administrative Agencies