Question 1

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 2

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

Accepted Answer

Congress has the power to modify the authority of federal agencies such as the Federal Communications Commission (FCC). However, the president can exercise executive control by vetoing such modifications. This means that the agency's authority remains unchanged and the president retains control over it. The president does not have the power to veto the agency's final rules or orders since they are under the agency's jurisdiction and are considered part of their administrative function.

Question 3

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 docu?ments are

Accepted Answer

The IRS can request or seize documents that are relevant to their investigation or audit. Whether or not the documents are incriminating, technical, or valuable is not relevant to their permissibility.

Question 4

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 5

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 complaint...

Question 6

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

Accepted Answer

Notice-and-comment rulemaking is a process used by federal agencies, such as the Federal Aviation Administration, to create new regulations or amend existing regulations. This process includes a proposed rule, which is published in the Federal Register, and a period for public comments. The agency will then review and consider the comments before issuing a final rule. The final rule that results from this process is considered a legislative rule because it has the force and effect of law.

Question 7

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

Accepted Answer

Notice-and-comment rulemaking involves the public being asked to comment on a proposed rule, making option D the best choice. Options A, B, and C are incorrect as they do not accurately describe the process of notice-and-comment rulemaking.

Question 8

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

Accepted Answer

The binding legal effect of the final rule in a notice-and-comment rulemaking process is not dependent on court affirmation, congressional approval, or the timing of presidential elections. However, the final rule can be challenged in court, and if a court finds it invalid, the rule will be overturned and no longer have legal effect. Therefore, option D is the best choice.

Question 9

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

"Arbitrary and capricious" implies that the decision was made without a proper rationale or justification. Therefore, choice A, which suggests that the decision was made without justification for changing the prior policy, is the most appropriate option. Choices B, C, and D, on the other hand, suggest that the decision was made with good reasoning and justification, which contradicts the argument of Pure Water.

Question 10

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 can appeal to the commission that governs the TSA, as they are the regulatory body that established and enforces the hiring practices that were not being followed by Guard. Appealing to Congress or a different, separate agency would not address the issue at hand, and ignoring the order would be unlawful and could result in further penalties or sanctions.

Question 11

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. This act established OSHA as an administrative agency responsible for setting and enforcing safety standards in the workplace.

Question 12

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 13

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 and is the most appropriate place to publish proposed rules for the public to review and provide comments. This ensures transparency and allows for public input in the rulemaking process. The news media and trade journals may also report on the proposed rule, but they are not the official means of notification. An office memo would not reach the broader public or provide adequate notice.

Question 14

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

Question 15

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 16

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 17

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

Independent regulatory agencies are separate from the major departments of the executive branch, and are not considered subagencies of executive agencies. They are established by Congress to regulate and oversee specific industries or areas of public life, and are intended to operate independently from political influence. While they are technically part of the executive branch, they are meant to function with greater autonomy and are subject to less direct executive authority compared to other executive agencies.

Question 18

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 in order to compel Monster Toy Company to produce certain records for review. A subpoena is a legal document that requires a person or organization to produce documents or give testimony relevant to an investigation.

Question 19

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 federal administrative agencies, with some exceptions, be open to public observation. This includes the Federal Reserve System Board of Governors. The Freedom of Information Act (FOIA) grants public access to certain government records upon request, but it does not necessarily require open meetings. The Public Accountability Act is not a recognized federal law or regulation.

Question 20

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

Accepted Answer

The Merit Systems Protection Board is an administrative agency with the authority to issue legislative rules that have the force of law. Therefore, the rule issued by the board is binding, similar to a law passed by Congress.

Quiz 44: B: Administrative Law

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

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

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 docu?ments are

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

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

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

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

The Federal Aviation Administration uses notice-and-comment rulemak?ing.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

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

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

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

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

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

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

Independent regulatory agencies such as the Federal Trade Commission are

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

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 Merit Systems Protection Board issues a rule.Like other adminis?tra?tive agencies' "legislative rules," this rule is as