Question 1

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 some exceptions.

Question 2

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 for announcing proposed rules by federal agencies, and it is required by law for agencies to publish their proposed rules in this publication. Options A and B may also be used for publicizing the proposal, but they are not the official channels for making the announcement. Option D is not an appropriate channel for notifying the public about federal regulations.

Question 3

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

Accepted Answer

A presidential veto allows the President to reject changes made by Congress to an agency's authority. This gives the President some level of control over the agency's power and ensures that the agency operates within the parameters set by the executive branch. Veto power does not extend to the agency's final rules or orders, as these are typically within the agency's purview to decide.

Question 4

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

OSHA was created by Congress through enabling legislation, specifically the Occupational Safety and Health Act of 1970. Administrative agencies like OSHA are created by Congress to carry out specific functions and enforce regulations related to their area of expertise.

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

Notice-and-comment rulemaking is a process where an agency proposes a rule and allows the public to comment on the proposed rule before finalizing it. The final rule that results from this process is considered a legislative rule, as it has the force and effect of law. This final rule must also be published in the Federal Register to give it legal effect.

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 by the Federal Aviation Administration has binding legal effect unless a court overturns it.

Question 7

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

Accepted Answer

Administrative agencies' "legislative rules" have the force and effect of law, and are thus binding, like a law passed by Congress.

Question 8

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 from Monster Toy Company for review. A subpoena is a legal order requiring a person or entity to produce documents, testify, or give evidence related to a legal matter. This would be the appropriate tool for the CPSC to use in obtaining the necessary records for its review. A formal complaint, specific performance, and parol evidence rule are not relevant in this scenario.

Question 9

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 can appeal to the commission that governs the TSA because they are the ones who have the authority to review and reconsider the administrative law judge's decision. Appealing to Congress or a separate agency would not be helpful in this situation, and ignoring the order would lead to further legal consequences.

Question 10

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 public being asked to comment on a proposed rule. Option A is incorrect as judges, legislators, and the president are not necessarily involved in this process. Option B is incorrect as the purpose is not to notify potential violators but rather to gather input from the public. Option C is also incorrect as the administrators do not just notice and comment on the problem, but rather propose a solution for public feedback.

Question 11

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to setttle the dispute, before formal adjudicatory proceedings begin, to avoid

Accepted Answer

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

Question 12

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

Appealing on the grounds that a decision is "arbitrary and capricious" means that Pure Water is claiming that the decision was made without justification or reason, which would support choice A. Choices B, C, and D suggest that the decision was made with consideration, explanation, and evidence, respectively, and are therefore not consistent with an appeal claiming that the decision was arbitrary and capricious.

Question 13

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

Accepted Answer

Ignoring the Administrative Procedure Act to streamline proceedings would be a violation of proper regulatory procedure, so the FCC cannot do so. Choices A, C, and D are all standard practices for regulatory bodies considering new rules.

Question 14

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...

Question 15

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 16

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 17

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 if they are relevant to an ongoing investigation or audit. Therefore, the documents do not necessarily have to be incriminating, technical, or valuable, but they must be relevant to the investigation or audit.

Question 18

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...

Question 19

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 20

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

Independent regulatory agencies are typically separate from the major departments of the executive branch, which are under the direct control of the President. While they are still part of the executive branch, they are meant to operate independently from political influence.

Quiz 44: Administrative Law