Question 1

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

Accepted Answer

The IRS can request or seize documents that are relevant to an ongoing investigation. If the documents are necessary for the investigation, they can be requested or seized even if they are incriminating. The technicality or value of the documents is not the determining factor in whether the IRS can request or seize them.

Question 2

The Regulatory Flexibility Act has helped reduce record-keeping bur?dens 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 3

Caleb is a witness in a contro?versy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an adminis?trative 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 ad testificandum, which is a court order that requires a person to appear and testify as a witness in a legal proceeding. Options A and B are not applicable as they relate to different legal concepts, and option D (subpoena duces tecum) requires the person to produce documents or evidence, not just appear as a witness.

Question 4

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

Violation of a rule of the Social Security Administration would result in an administrative hearing presided over by an administrative law judge, who has the authority to make decisions and rulings on behalf of the agency. A federal appellate court judge (A) hears appeals of decisions made at a lower court, while a federal district court judge (B) handles cases that are filed in a specific district or region. A U.S Marshal (D) is responsible for enforcing court orders and warrants.

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

Question 6

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 disputes are resolved through a negotiated settlement, where FEMA and Goodnuff Trailers, Inc. come to an agreement on how to resolve the violation without going to trial. This option is usually preferred because it saves both parties time and resources. However, if the violation is serious or the two parties cannot come to an agreement, a trial may be necessary. But usually, a negotiated settlement is the most likely outcome.

Question 7

Labor Recruiters, Inc., has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

Accepted Answer

In an administrative hearing, hearsay can be introduced as evidence, whereas in a trial hearsay is generally not admissible. The other options are not accurate: attorneys are allowed to attend administrative hearings, clients can communicate with their attorneys, and the burden of proof is on the accuser in an administrative hearing as well as in a trial.

Question 8

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, subject to some exceptions. Option B is incorrect because the Freedom of Information Act deals with the release of federal agency records to the public, not necessarily meetings. Option A and D are incorrect as there is no such legislation named or something similar to these mentioned.

Question 9

The functions of the Social Security Administration, like those of other adminis?trative agencies, include

Accepted Answer

Adjudication refers to the process of making a legal judgment or decision, which is a primary function of the Social Security Administration. Enunciation, declaration, and pronunciation are not relevant to the agency's functions.

Question 10

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to set?tle the dispute, before formal adjudicatory proceedings be?gin, to avoid

Accepted Answer

The answer of The Nuclear Regulatory Commission (NRC) files a...

Question 11

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the informa?tion, Jay must

Accepted Answer

The Freedom of Information Act allows individuals to request access to government records and information. However, the act does not apply to private individuals or businesses. Therefore, Jay cannot use the act to obtain information about Kim and other well-known businesspersons. If Jay were seeking information about government officials or public figures, he would need to describe the information he is seeking in order to obtain it.

Question 12

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 first use all potential administrative remedies before seeking court review, and this scenario describes Plastix Produx being required to use all administrative remedies before seeking court review of the decision by the Consumer Product Safety Commission.

Question 13

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

Accepted Answer

The FDA's demands for documents from Caplets must be both specific to the investigation and not unduly burdensome for the company to comply with. This balances the agency's need for information with the practical considerations of the company's resources and time.

Question 14

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 will issue a subpoena duces tecum to obtain records from Monster Toy Company. This type of subpoena requires the production of documents or other tangible evidence. It is commonly used in legal proceedings, including investigations by government agencies. The other options listed are not applicable in this situation. An order for specific performance would be issued if Monster Toy Company had breached a contractual agreement. A rule for parol evidence relates to the admissibility of evidence in contract disputes. A subpoena ad testificandum requires a person to appear and give testimony in a legal proceeding.

Question 15

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

Accepted Answer

Guard Personnel Company should appeal to the commission that governs the TSA as it is the appropriate authority to hear and decide on Guard's appeal. Appealing to Congress or a different, separate agency is not the correct course of action. Ignoring the order would result in legal consequences for Guard.

Question 16

Closed meetings of the Office of Community Planning and Development and other federal administrative agencies are permitted when

Accepted Answer

All of the choices are true. Closed meetings are permitted when discussing matters related to accusing a person of a crime, when open meetings would frustrate future agency actions, and when discussing matters related to future litigation or rulemaking.

Question 17

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

The correct choice is A. If the FBI fails to comply with a request under the FOIA, an individual or organization may file a lawsuit in federal district court to compel the release of the requested information.

Question 18

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

Accepted Answer

The court will most likely defer to the BLM's interpretation of both fact and law under the Chevron deference principle, which allows agencies to interpret ambiguous statutes they administer.

Question 19

The U.S. Mine Safety Administration 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. Mine Safety Administration, can conduct warrantless searches in highly regulated industries to ensure compliance with regulations and protect public safety. These industries include, but are not limited to, transportation, finance, and healthcare.

Question 20

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a pres?iden?tial 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.

Quiz 43: Administrative Law