Exam 5: Powers and Functions of Administrative Agencies
Administrative agencies can conduct warrantless searches in some situations.
True
The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in
B
Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations,so that the firm will know what its competitors may be able to learn about it.Can Grapple require the agencies to disclose whatever information they may have concerning it? If so,how should the firm make its request? What federal law applies? Is any information exempt?
The Freedom of Information Act (FOIA)of 1966 requires the federal government to reveal certain "records" to "any person" on request.The request may be made via e-mail or fax,or more traditional print methods,and needs to contain only a reasonable description of the information sought.An agency has twenty working days to respond to a request.There are exemptions,but the agency must notify the party seeking the information what is being withheld and which exemptions-national security,or the confidential or personal nature of the information,for example-are being asserted.An agency's refusal to comply with the FOIA can be challenged in court.Generally,all records must be made available electronically on the Internet,on CD-ROMs,and in other electronic formats,and clearly indexed.Documents must be made computer accessible within a year of their creation.
An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.
The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of
In most instances,an agency is not required to obtain a search warrant before a physical search for evidence is conducted.
Federal executive agencies are outside the federal executive departments.
If a business firm refuses to comply with an agency's request to inspect facilities or business records,the agency must defer to the refusal.
A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA)may be challenged in
Final administrative rules have binding legal effect unless the courts later overturn them.
Like statutory law,administrative law is created by legislatures.
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
By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.
In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts
Executive control over the Federal Communications Commission,and other agencies,may be exercised through a presidential veto of
Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.
Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.
Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.
A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.
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