Question 1

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in

Accepted Answer

The Federal Register is the official publication where all federal agencies, including the Food Safety and Inspection Service, announce proposed rules and invite comments from the public. It is the most formal and official way for the agency to notify the public of their proposed rule. The news media and trade journals may cover the proposed rule, but they are not the official notification for the public. An office memo would not reach the broader public and may not be considered accessible to all interested parties.

Question 2

Before adopting new regulations to govern Internet-based phone services,the Federal Communications Commission may not

Accepted Answer

The answer of Before adopting new regulations to govern Internet-based...

Question 3

The U.S.Citizenship and Immigration Service issues a rule.Like the rules of other federal administrative agencies,this rule is compiled in

Accepted Answer

The Code of Federal Regulations (CFR) is a compilation of the permanent rules of federal administrative agencies, including the U.S. Citizenship and Immigration Service. The Administrative Register of the Federal Government is used to publish proposed rules, while the Federal Rules of Civil Procedure pertain to court procedures, and the United States Code contains federal laws.

Question 4

The Nuclear Regulatory Commission (NRC)files a complaint against General Construction Corporation (GCC).GCC 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 5

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding is sometimes referred to as

Accepted Answer

The final rule in notice-and-comment rulemaking is referred to as a legislative rule because it carries the same weight as a law passed by Congress. This type of rulemaking is used by federal agencies, including the FAA, to create rules and regulations that have the force of law. Interpretive rules provide guidance on how existing laws and regulations should be interpreted, while adjudicatory orders are decisions made by agencies in specific cases. Executive edicts are orders or directives issued by the President, which are separate from the rulemaking process used by agencies.

Question 6

The U.S.Fish and Wildlife Service utilizes notice-and-comment rulemaking.This involves a period during which

Accepted Answer

Notice-and-comment rulemaking is a process by which an agency proposes a rule and then asks for public comments on the proposal. The agency then considers the comments when drafting a final version of the rule. This process is designed to provide the public with an opportunity to provide input on proposed rules and to ensure that the agency takes into account the views of stakeholders when finalizing the rule.

Question 7

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx wants a court to review it.First,however,the firm must use all of the potential administrative remedies.This is

Accepted Answer

The exhaustion doctrine requires a party to exhaust all potential administrative remedies before seeking judicial review. Therefore, Plastix Produx must use all of the potential administrative remedies before asking a court to review the decision of the Consumer Product Safety Commission.

Question 8

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

Accepted Answer

The Social Security Administration is responsible for determining eligibility for Social Security benefits, which involves adjudication. Adjudication is the process of resolving a dispute or deciding a case, which is a common function of administrative agencies. Declaration, enunciation, and pronunciation are not typically used to describe the functions of administrative agencies.

Question 9

Truck Transport Company is subject to a decision by the National Labor Relations Board.Truck Transport appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

Accepted Answer

If Truck Transport is arguing that the decision is arbitrary and capricious, then it is likely asserting that the decision was plainly contrary to the evidence or lacked a rational explanation. Therefore, D is the best choice. A, B, and C are not applicable, as they relate to decisions that are not considered arbitrary and capricious.

Question 10

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a presidential veto of

Accepted Answer

Presidential veto power allows the president to reject or modify any legislation passed by Congress, including modifications to an agency's authority. This gives the president direct control over the actions of an agency, allowing them to ensure that the agency's actions align with their priorities and goals. The president does not have veto power over the agency's final rules or orders, as these are considered part of the agency's normal regulatory process.

Question 11

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

The argument that the decision is arbitrary and capricious suggests that it was made without a reasonable basis or justification. Option A reflects this type of challenge, as it implies that the decision deviated from an existing policy or practice without a valid reason. The other options suggest that the decision was based on rational considerations or supported by evidence, which contradicts the claim of arbitrariness and capriciousness.

Question 12

The Consumer Product Safety Commission (CPSC)wants Monster Toy Company to produce certain records for review.To obtain the records,the CPSC will issue

Accepted Answer

The best choice is a subpoena because the CPSC is seeking specific records from Monster Toy Company for review. A subpoena is a legal document compelling a person or company to produce documents or testify in a legal matter. It is often used to obtain evidence for an investigation or trial. A formal complaint is a legal document used to initiate a lawsuit, but it is not relevant in this scenario as the CPSC is not suing Monster Toy Company. An order for specific performance is a court order requiring a party to fulfill a contractual obligation, which is also not relevant in this situation. A rule for parol evidence is a rule of evidence that limits the use of oral or written statements made outside of a written contract, which is also not relevant in this scenario.

Question 13

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with

Accepted Answer

Caleb can be compelled to appear before an administrative law judge if he is served with a subpoena, which is a legal document that requires a person to appear or testify in a legal proceeding. A politely worded request or an order for specific performance would not carry enough legal weight to compel Caleb's appearance, and a rule for parol evidence pertains to the admission of certain types of evidence in a trial and would not require Caleb's presence.

Question 14

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

Accepted Answer

Legislative rules issued by administrative agencies have the same legal authority as laws passed by Congress, therefore they are binding.

Question 15

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 can request or seize documents if they are relevant to the investigation, meaning they have a connection to the tax liability of the individual or business being audited. Whether the documents are incriminating, technical, or valuable is not a determining factor in their permissibility.

Question 16

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites.The first step is

Accepted Answer

The answer of The Securities and Exchange Commission decides to...

Question 17

The U.S.Patent and Trademark Office (USPTO)wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Accepted Answer

The USPTO can legitimately gain access to Verity Corporation's records with Verity's consent. In this situation, Verity would have to provide permission for the USPTO to review their records. The other options are not legitimate methods for the USPTO to gain access to Verity's records.

Question 18

In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts

Accepted Answer

The courts are generally reluctant to review questions of fact, and tend to defer to the technical expertise of administrative agencies such as the U.S.Office of Nuclear Energy. They may review policy determinations, but only for compliance with applicable laws and regulations. However, they may still defer to the agency's interpretation of the law if it is reasonable and not arbitrary or capricious.

Question 19

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 answer of The Food and Drug Administration (FDA)is investigating...

Question 20

After notice-and-comment rulemaking,the U.S.Bureau of Land Management (BLM)issues a new rule and applies it to Clearcut Timber Company.Clearcut appeals the application to a federal court.The court will most likely defer to the BLM's interpretation of

Accepted Answer

The court is likely to defer to the BLM's interpretation of both the facts and the law because notice-and-comment rulemaking requires the agency to consider public comments and engage in reasoned decision-making, which provides a level of deference to the agency's expertise in interpreting the law and the facts.

Quiz 19: Powers and Functions of Administrative Agencies