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 journal of the federal government of the United States that contains all proposed rules, final rules, and notices of federal agencies and organizations, including the Food Safety and Inspection Service. It is the primary way for federal agencies to notify the public and interested parties of proposed rulemaking and solicit comments.

Question 2

The Internal Revenue Service (IRS)wants to seize certain documents of Mortgage Bank,Inc.Deciding 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 that are relevant to a tax investigation or audit. Any documents that are related to Mortgage Bank, Inc.'s financial transactions or activities could be relevant to an investigation of their tax compliance. The incriminating or technical nature of the documents is not necessarily relevant to the IRS's ability to request them. The value of the documents may be considered if they are subject to appraisal or valuation for tax purposes, but it alone does not determine whether the IRS can seize them.

Question 3

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

Accepted Answer

Notice-and-comment rulemaking involves the agency publishing a proposed rule in the Federal Register and allowing a period of time for the public to provide comments and feedback on the proposed rule. This process is intended to engage the public in the rulemaking process and ensure that the agency considers a range of perspectives and concerns. Therefore, out of the given options, the best choice is D - the public is asked to comment on a proposed rule.

Question 4

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.

Question 5

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 must be open to public observation with certain exceptions. The Freedom of Information Act and the Public Accountability Act also relate to public access to information but do not specifically address public observation of meetings. Therefore, C is the best choice.

Question 6

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 immediate legal effect unless a court overturns it. It does not require approval from Congress or affirmation from the court.

Question 7

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 term "arbitrary and capricious" typically refers to a decision that goes against the agency's prior policy without justification or reason. Therefore, Choice A is the best fit for this scenario. Choices B, C, and D would suggest that the decision was made with appropriate consideration of relevant factors and evidence, which is not what the appeal argues.

Question 8

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

Accepted Answer

Notice-and-comment rulemaking is used to create legislative rules, which have the force of law and affect the rights and obligations of parties outside of the FAA. Interpretive rules provide guidance on how the FAA interprets existing laws or regulations and do not create new obligations or rights. Adjudicatory orders are individual rulings made in response to a specific case or controversy. An executive edict is an order or directive issued by the executive branch of government, and is not a product of notice-and-comment rulemaking.

Question 9

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, such as the Merit Systems Protection Board, have the force and effect of law and are binding on both the agency and the public.

Question 10

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

Accepted Answer

The president can exercise executive control over the FCC and other agencies by vetoing Congress's modifications of the agency's authority. This allows the president to maintain a level of control over the actions and decisions of agencies under their purview. Vetoing the agency's final rules or orders would not necessarily give direct executive control over the agency's overall authority.

Question 11

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 12

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of

Accepted Answer

The answer of The Regulatory Flexibility Act has helped reduce...

Question 13

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA).Like other federal administrative agencies,the OSHA was created by

Accepted Answer

Federal administrative agencies like OSHA are created by Congress through enabling legislation.

Question 14

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 answer of The Federal Trade Commission (FTC)orders GR8 Steaks...

Question 15

Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA).The administrative law judge orders Guard to comply with the TSA's regulations.Guard may

Accepted Answer

Guard may appeal to the commission that governs the TSA as they are the authority responsible for overseeing and enforcing TSA regulations. Appealing to Congress or ignoring the order would not be appropriate or effective in this situation. Appealing to a different, separate agency may also not be necessary if the TSA is the appropriate authority to address the issue at hand.

Question 16

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 17

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

Independent regulatory agencies are created by Congress but operate outside the major departments of the executive branch. Although they have some level of independence, they are still ultimately accountable to Congress and subject to some executive authority.

Question 18

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 19

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 CPSC would issue a subpoena to obtain the records it is requesting from Monster Toy Company. A subpoena is a legal document that requires a person or organization to produce documents or give testimony in a legal proceeding. In this case, the CPSC is conducting an investigation into the safety of Monster Toy Company's products, and they need to review certain records in order to complete their investigation.

Question 20

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 to

Accepted Answer

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

Quiz 6: Administrative Law

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

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

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

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

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

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

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

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

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

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

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

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA) .Like other federal administrative agencies,the OSHA was created by

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

Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA) .The administrative law judge orders Guard to comply with the TSA's regulations.Guard may

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

Independent regulatory agencies such as the Federal Trade Commission are

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

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

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 to