Question 1

Independent regulatory agencies such as the Federal Trade Commission are​

Accepted Answer

Independent regulatory agencies are created by the Congress and are located outside the major departments of the government's executive branch. This is to ensure that they remain independent and free from any political interference. Examples of independent regulatory agencies include the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC).

Question 2

The Food and Drug Administration (FDA)wants Big Pharma,Inc.to produce certain records for review.The FDA can gain access to the records through​

Accepted Answer

The best choice is D because the FDA cannot coerce or infiltrate private companies without legal action or voluntary compliance. Public comment may be a factor in some FDA decisions, but it is not directly related to gaining access to records from a specific company. Therefore, voluntary compliance is the most reliable and legal means for the FDA to obtain these records.

Question 3

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​

Accepted Answer

The Social Security Administration falls under the jurisdiction of administrative law, which means that any violations or disputes must be heard by an administrative law judge. Therefore, Nursing Home Care Company would have to appear at a hearing presided over by an administrative law judge. Choices A, B, and D are not correct because they do not pertain to administrative law or the Social Security Administration.

Question 4

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

Accepted Answer

The final rule in notice-and-comment rulemaking has binding legal effect unless a court overturns it. This means that once the rule is finalized and published in the Federal Register, it becomes legally enforceable unless a court decides to overturn it. The other options listed are not accurate as they do not reflect the standard procedure for implementing a final rule through notice-and-comment rulemaking.

Question 5

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​

Accepted Answer

The FTC can use a subpoena to compel the production of documents or testimony to reveal regulatory violations.

Question 6

The functions of the Social Security Administration,like those of other administrative agencies,include​

Accepted Answer

Adjudication refers to the process of resolving disputes between people and the government. The Social Security Administration performs adjudication functions in determining eligibility for benefits and resolving disputes related to benefit amounts or availability. Choices B, C, and D are not accurate descriptions of the functions of the Social Security Administration.

Question 7

The Food and Drug Administration (FDA)is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze,a new pain-relief medication.The FDA's demands for particular documents from Caplets​

Accepted Answer

The FDA's demands for particular documents must be specific and adequately describe the material being sought to ensure that potentially harmful additives are identified and removed from Doze. Vague requests could lead to important information being overlooked or hidden. The FDA's role is to protect public health and safety, and being specific in their demands is necessary to fulfill that responsibility.

Question 8

Armando is a witness in a controversy involving the U.S.Bureau of Tobacco and Firearms.Armando can be compelled to appear before an administrative law judge if he is served with​

Accepted Answer

Armando can be compelled to appear before an administrative law judge if he is served with a subpoena, which is a legally binding order to appear in court or before an administrative tribunal. The other options (order for specific performance, executive order, and search warrant) are not applicable in this situation.

Question 9

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​

Accepted Answer

The first step when creating a new SEC rule is to publish a notice of the proposed rulemaking, allowing for public comment and input. This provides transparency and an opportunity for stakeholders to provide feedback and potentially shape the final rule. Once the proposed rule has been published, the SEC may compile it with others in the Code of Federal Regulations. An on-site inspection is not typically necessary for this type of rulemaking process.

Question 10

The Department of Health and Human Services (HHS)was founded in 1980.All of the following subagencies are within HHS except​

Accepted Answer

The Internal Revenue Service (IRS) is not a subagency within the Department of Health and Human Services (HHS). The IRS is actually part of the Department of the Treasury.

Question 11

During the rulemaking process,agencies conduct investigations to obtain information about a particular industry.After the final rules are issued,agencies conduct investigations​

Accepted Answer

After the final rules are issued, agencies conduct investigations to monitor compliance with the rules. This helps ensure that the rules are being followed and the intended benefits are being realized.

Question 12

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

Accepted Answer

The Federal Register is the official daily publication for proposed rules, final rules, and notices from federal agencies, including FEMA. It serves as the main source for public notice of proposed rulemaking. Broadcasting on a public television station or in a trade journal would not reach as wide of an audience, and while FEMA may also publish the proposal on its website, this would not fulfill the requirement for official publication in the Federal Register.

Question 13

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

Accepted Answer

The U.S. Mine Safety Administration and other administrative agencies can conduct warrantless searches in highly regulated industries, such as those involving public health and safety, environmental concerns, and financial markets. These industries are subject to increased government oversight due to the potential risks they pose to society.

Question 14

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

Accepted Answer

Notice-and-comment rulemaking involves the BLM asking the public for comments on a proposed rule before it becomes finalized. This allows for transparency and input from stakeholders before a decision is made. Therefore, choice D is the correct answer. The other choices are not relevant to the process of notice-and-comment rulemaking.

Question 15

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

Accepted Answer

Most regulatory disputes are resolved through negotiation or settlement, rather than through trial or dissolution of the business.

Question 16

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

Accepted Answer

The IRS has the authority to request or seize documents that are relevant to a tax investigation or audit. If the documents contain information that is pertinent to the investigation, then the IRS can obtain them. The documents do not need to be incriminating or valuable, but simply relevant to the investigation at hand.

Question 17

The Food and Drug Administration (FDA)is an executive agency.As an executive agency,the FDA​

Accepted Answer

As an executive agency, the FDA is subject to the authority of the president. Executive agencies are part of the executive branch of the government, and their role is to carry out the policies and directives of the executive branch. The president has the power to appoint the head of the FDA and can provide guidance and oversight on the agency's activities.

Question 18

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

Accepted Answer

The Merit Systems Protection Board is an administrative agency with the authority to issue binding rules and regulations. These rules carry the force of law and have legal consequences if violated. Therefore, option A is the best choice.

Question 19

The Environmental Protection Agency (EPA)wants Waste Management Company to produce certain records for review.The EPA can gain access to the records through​

Accepted Answer

A subpoena is a legal order requiring a person or entity to produce certain records or appear in court. In this case, the EPA is seeking records from Waste Management Company, and can use a subpoena to compel the company to produce those records for review.

Question 20

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 of making rules, investigating, enforcing, and adjudicating disputes fall under the administrative process, which involves the implementation of laws and regulations within a government agency. The judicial process involves the interpretation and application of the law by courts, the legislative process involves creating and passing laws by Congress or other legislative bodies, and the executive process involves implementing and enforcing laws by the executive branch of government.

Quiz 40: Administrative Law

Independent regulatory agencies such as the Federal Trade Commission are

The Food and Drug Administration (FDA) wants Big Pharma,Inc.to produce certain records for review.The FDA can gain access to the records through

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

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

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

The functions of the Social Security Administration,like those of other administrative agencies,include

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze,a new pain-relief medication.The FDA's demands for particular documents from Caplets

Armando is a witness in a controversy involving the U.S.Bureau of Tobacco and Firearms.Armando can be compelled to appear before an administrative law judge if he is served with

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

The Department of Health and Human Services (HHS) was founded in 1980.All of the following subagencies are within HHS except

During the rulemaking process,agencies conduct investigations to obtain information about a particular industry.After the final rules are issued,agencies conduct investigations

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

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

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

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

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

The Food and Drug Administration (FDA) is an executive agency.As an executive agency,the FDA

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

The Environmental Protection Agency (EPA) wants Waste Management Company to produce certain records for review.The EPA can gain access to the records through

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