Question 1

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically modified agricultural and animal products should con?cen?trate their lobbying ef?forts on

Accepted Answer

Congress has the power to create federal agencies through legislation. Lobbying efforts should be focused on convincing members of Congress to pass a bill creating a federal biotech agency to regulate genetically modified agricultural and animal products.

Question 2

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

Accepted Answer

Administrative agencies, such as the U.S. Food Safety and Inspection Service, can conduct warrantless searches in highly regulated industries. These industries include areas such as food safety and environmental protection, where there is a significant public interest in ensuring compliance with regulations. However, they cannot conduct warrantless searches in all industries, as this would violate the Fourth Amendment's protection against unreasonable searches and seizures.

Question 3

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

Accepted Answer

According to statistics, the vast majority of OSHA disputes are resolved through a negotiated settlement rather than going to trial or appealing to a higher authority. Therefore, it is likely that the outcome in this scenario would be a negotiated settlement between OSHA and Petro Refinery, Inc.

Question 4

A failure of the U.S. Drug Enforcement Administration to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Accepted Answer

A failure to comply with a FOIA request may be challenged in a federal district court. This is the standard legal recourse for individuals seeking to compel the government to release requested information. The other options are not typical or appropriate methods for disputing a FOIA request denial.

Question 5

Grid Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Grid Tools 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 use all of the potential administrative remedies before seeking judicial review. Therefore, the fact that Grid Tools must use all of the administrative remedies before seeking court review demonstrates the application of the exhaustion doctrine.

Question 6

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

Accepted Answer

The USPTO can gain access to Omni App Corporation's records through voluntary compliance, meaning that Omni App can choose to provide the records willingly without any legal coercion or force.

Question 7

In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts

Accepted Answer

Courts are usually reluctant to review questions of fact because they typically defer to the agency's expertise and findings unless there is a clear error.

Question 8

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Accepted Answer

"Arbitrary and capricious" means that the decision was plainly contrary to the evidence. Therefore, the best choice is D. Options A, B, and C imply that the decision was based on proper consideration, which is the opposite of being arbitrary and capricious.

Question 9

Therapeutic Pharmaceutical Company is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

Accepted Answer

The regulations issued by the Food and Drug Administration pertain to the rules and standards governing the production, distribution, and labeling of drugs and other pharmaceutical products. These regulations are considered administrative law, as they are enforced by a federal agency responsible for carrying out the directives of Congress and the executive branch of government. Administrative law refers to the body of law that establishes the rights and duties of administrative agencies, and the procedures for challenging their decisions and actions. Therefore, option A is the correct choice.

Question 10

Personnel Employment, Inc., has been ordered to appear at a hearing be?fore an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that

Accepted Answer

Hearsay, or second-hand information, can be introduced as evidence in an administrative hearing. In a trial, hearsay is typically not admissible unless certain exceptions apply. However, in an administrative hearing, hearsay can be considered by the judge as long as it is considered reliable and relevant to the case. This is one significant difference between a trial and an administrative hearing. A, B, and D are not accurate statements about administrative hearings compared to trials.

Question 11

The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

Accepted Answer

If a violation of federal regulation is discovered, the U.S. Fish and Wildlife Service has the authority to issue a formal complaint against Grosse Farm Fisheries, Inc. This would initiate legal proceedings and potentially result in penalties or fines for the company. Doing nothing or filing a petition with the U.S. Supreme Court are not appropriate actions in response to a regulatory violation. Imposing immediate sanctions is possible, but a formal complaint would be a more typical response.

Question 12

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 13

The functions of the National Transportation Safety Board, like those of other federal adminis?trative agencies, include

Accepted Answer

The National Transportation Safety Board (NTSB) is responsible for investigating transportation accidents and making safety recommendations. While the NTSB does make enunciations and declarations, its primary function is adjudication, which involves determining the cause of accidents and issuing safety recommendations to prevent similar incidents from occurring in the future.

Question 14

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

Accepted Answer

The statement mentions that Congress enables the Environmental Protection Agency to regulate air and water pollution. This implies that Congress is delegating its legislative power to the EPA to regulate pollution, which makes B the correct choice. A is incorrect because it suggests that the power to regulate pollution comes from a higher power than Congress, which is not the case. C is incorrect because the EPA is not filling in any gaps in the law but is given explicit regulatory power by Congress. D is incorrect because it is not an arbitrary or capricious decision – Congress made a deliberate choice to give the EPA regulatory power over air and water pollution.

Question 15

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 agency is not required to adjust the rule to the satisfaction of the regulated businesses. The purpose of the analysis is to ensure that small businesses are not disproportionately burdened by new regulations, and the agency must consider alternatives to minimize the impact on small businesses. However, the agency is not required to make changes based on the preferences of regulated businesses.

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. This process begins with

Accepted Answer

The process of creating a new rule by the Securities and Exchange Commission (SEC) typically begins with the publication of a notice of proposed rulemaking, which informs the public of the proposed rule and invites comments.

Question 17

State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation

Accepted Answer

When a state regulation conflicts with a federal regulation, the federal regulation takes precedence due to the Supremacy Clause of the Constitution, which establishes federal law as the supreme law of the land.

Question 18

To notify the public of a proposed rule, the U.S. Office of Labor-Management Standards, like other federal agencies, publishes the proposal in

Accepted Answer

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

Question 19

Armando is a witness in a contro?versy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an adminis?trative 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. A subpoena is a legal document that requires someone to appear in court or before a judge, and failure to comply with a subpoena can result in a penalty, such as being held in contempt of court. Options A, B, and D are not applicable in this situation.

Question 20

Closed meetings of the National Security Agency and other federal administrative agencies are permitted when

Accepted Answer

All of the choices are valid reasons for closed meetings of federal administrative agencies, in accordance with the Freedom of Information Act (FOIA). These exemptions allow agencies to protect national security, privacy interests, ongoing investigations, and other sensitive matters from premature disclosure.

Quiz 43: Administrative Agencies