Exam 41: Administrative Law

Guitar Maker, Inc., makes guitars. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of wood and its dust in the workplace, including the woods that Guitar Maker uses in its operations. Guitar Maker contends that the rule will involve substantial compliance costs without significantly increasing workplace safety. The firm sends a letter to OSHA indicating its objections to the proposed rule and enclosing research reports and other data supporting those objections. Does OSHA have any obligation to consider these objections? What procedures must OSHA follow when it makes new rules, such as this one?

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Question 1

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In formulating new rules, a federal administrative agency has to follow specific rulemaking procedures. The most commonly used procedure is notice-and-comment rulemaking, which consists of three steps-notice of the proposed rulemaking, a comment period, and the final rule. The notice of the proposed rulemaking proceeding is published in the Federal Register . The notice states where and when the proceedings will be held, the agency's legal authority for making the rule, and the terms or subject matter of the proposed rule. Following publication of the notice, the agency must allow time for persons to comment in writing on the proposed rule. (If a hearing is held, the comments may be oral.) The agency need not respond to all comments, but it must respond to any significant comments that bear directly on the proposed rule.
Thus, if Guitar Maker's comments are significant, OSHA must take them into consideration. OSHA can respond by either modifying its final rule or explaining, in a statement accompanying the rule, why it did not make any changes.
After the agency reviews the comments, it drafts the final rule and publishes it in the Federal Register . Later, the rule is compiled with those rules of other federal agencies in the Code of Federal Regulations .

The Federal Trade Commission is an independent regulatory agency. Its principal duties include

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Agencies' powers include functions associated with the executive branch.

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Congress cannot review new federal regulations before they take effect.

(True/False)

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Question 4

I ndependent regulatory agencies such as the Federal Communications Commission are

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Question 5

In determining whether an agency is abusing its discretion in its pursuit of information in an investigation, a court will consider the relevance of the information being sought by the agency in a subpoena.

(True/False)

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Question 6

Independent regulatory agencies are outside the federal executive departments.

(True/False)

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Question 7

Agencies can make rules but they are not as legally binding as laws passed by Congress.

(True/False)

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Question 8

An agency may not exceed the power that Congress gives to it through enabling legislation.

(True/False)

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Question 9

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

(Multiple Choice)

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Question 10

Media Report seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Media Report must

(Multiple Choice)

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Question 11

An administrative law judge's decision on a dispute over an administrative action is the final order of the agency-no appeal is possible.

(True/False)

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Question 12

An administrative law judge does not have the power to make determinations of fact.

(True/False)

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Question 13

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

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Question 14

When a state administrative regulation conflicts with a federal administrative regulation

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Question 15

A meeting of a federal administrative agency may be closed to public observation if the meeting involves matters relating to future litigation.

(True/False)

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Question 16

Administrative agencies can conduct searches without warrants in

(Multiple Choice)

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Question 17

The basic functions of an administrative agency include

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Question 18

There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.

(True/False)

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Question 19

The Food and Drug Administration (FDA) wants Pharma Inc. to produce certain records for review. Pharma need not reveal

(Multiple Choice)

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Question 20

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Exam 41: Administrative Law

The Federal Trade Commission is an independent regulatory agency. Its principal duties include

Agencies' powers include functions associated with the executive branch.

Congress cannot review new federal regulations before they take effect.

I ndependent regulatory agencies such as the Federal Communications Commission are

In determining whether an agency is abusing its discretion in its pursuit of information in an investigation, a court will consider the relevance of the information being sought by the agency in a subpoena.

Independent regulatory agencies are outside the federal executive departments.

Agencies can make rules but they are not as legally binding as laws passed by Congress.

An agency may not exceed the power that Congress gives to it through enabling legislation.

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

Media Report seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Media Report must

An administrative law judge's decision on a dispute over an administrative action is the final order of the agency-no appeal is possible.

An administrative law judge does not have the power to make determinations of fact.

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

When a state administrative regulation conflicts with a federal administrative regulation

A meeting of a federal administrative agency may be closed to public observation if the meeting involves matters relating to future litigation.

Administrative agencies can conduct searches without warrants in

The basic functions of an administrative agency include

There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.

The Food and Drug Administration (FDA) wants Pharma Inc. to produce certain records for review. Pharma need not reveal

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