Exam 19: Powers and Functions of Administrative Agencies

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Administrative agencies can conduct warrantless searches in some situations.

Persons who favor the creation of a National Biotech Agency to regu-late the production of genetically altered agricultural products should concentrate their lobbying efforts on

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

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

Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

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

Often, an administrative agency itself enforces its rules.

Federal executive agencies are outside the federal executive departments.

Like statutory law, administrative law is created by legislatures.

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

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

The U.S.Social Security Administration is a federal agency.The Iowa Department of Social Services is a parallel state agency.If these agen-cies' regulations conflict

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

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites.The first step is

Independent regulatory agencies such as the Federal Trade Commission are

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in