Question 1

Delta Water Company is subject to a decision by the Environmental Protection Agency. Delta appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Accepted Answer

The argument that the decision is arbitrary and capricious suggests that there is a lack of justification or reasonable basis for the decision, which would align with choice A. Choices B, C, and D suggest that the decision was made after thorough consideration and rational explanation, which does not align with the argument.

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 in all of the situations mentioned in options A, B, and C.

Question 3

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

If Fish Farm Inc. has violated an EPA regulation, the EPA can issue a formal complaint. This is the standard procedure for addressing regulatory violations.

Question 4

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

Under the Regulatory Flexibility Act, the agency is required to take into account the cost that the rule will impose on small businesses and consider less burdensome alternatives. The agency is also required to provide early notice of the proposed rule to affected small businesses. However, the agency is not required to adjust the rule to the satisfaction of the regulated businesses.

Question 5

Omega Company operates a computer chip production plant. Paula is the president of Omega. Ron, 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.  Paula believes that Ron is either exceeding his authority or that the regulation Ron 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...

Question 6

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 allows for the disclosure of information held by the government, as long as it is reasonably described by the requester. Agreements not to reveal trade secrets or obtaining consent from the individuals in question are not necessary under this law, and a court order is only necessary in certain circumstances such as when the information involves national security or personal privacy.

Question 7

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?

Accepted Answer

The answer of Guitar Maker, Inc., makes guitars. The Occupational...

Question 8

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

A failure of the FBI to comply with a FOIA request can be challenged in a federal district court. This is the usual legal route for addressing FOIA disputes. The court can order the FBI to disclose the information requested and may also award attorney's fees to the requester if they prevail in the case. The other options listed are not viable methods of challenging a FOIA request denial.

Question 9

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

Accepted Answer

The Government in the Sunshine Act requires that every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies be open to public observation with some exceptions. The other options (A, B, D) are incorrect as there are federal and state laws, such as the Government in the Sunshine Act, that require certain levels of transparency and public access to government proceedings.

Question 10

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

Accepted Answer

Before seeking court review, Bath & Kitchen Inc. must first exhaust all possible administrative remedies. This means going through all available appeal processes within the Consumer Product Safety Commission before going to court.

Question 11

During an administrative hearing, the parties may

Accepted Answer

During an administrative hearing, the parties have the right to give testimony, present evidence, and cross-examine witnesses. Therefore, the correct choice is D, which includes all the options.

Question 12

The executive branch of the government can exercise control over an administrative agency through

Accepted Answer

The executive branch, led by the president, can exercise control over an administrative agency through the president's veto powers, which can influence legislation affecting the agency.

Quiz 41: Administrative Law