Exam 19: Powers and Functions of Administrative Agencies

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

Free

(Essay)

4.8/5

(36)

Question 1

Correct Answer:

Verified

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.

The period for persons to comment on a proposed administrative rule must be at least thirty days.

Free

(True/False)

4.8/5

(34)

Question 2

Correct Answer:

Verified

True

Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.

Free

(True/False)

4.8/5

(36)

Question 3

Correct Answer:

Verified

False

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

(True/False)

4.9/5

(38)

Question 4

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with

(Multiple Choice)

4.9/5

(34)

Question 5

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

(Multiple Choice)

4.9/5

(36)

Question 6

Guard Personnel Company is charged with using 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

(Multiple Choice)

4.8/5

(30)

Question 7

Administrative agencies-like the Securities and Exchange Commission,the Federal Trade Commission,and the Food and Drug Administration-make rules.What are the two basic types of rules called,and how binding are they What must an administrative rule NOT do

(Essay)

4.8/5

(35)

Question 8

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

(True/False)

4.8/5

(40)

Question 9

Independent regulatory agencies such as the Federal Trade Commission are

(Multiple Choice)

4.9/5

(37)

Question 10

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

(Multiple Choice)

4.9/5

(32)

Question 11

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's jurisdiction.This is

(Multiple Choice)

4.9/5

(32)

Question 12

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

(Multiple Choice)

4.8/5

(40)

Question 13

The U.S.Citizenship and Immigration Service issues a rule.Like the rules of other federal administrative agencies,this rule is compiled in

(Multiple Choice)

4.8/5

(33)

Question 14

Truck Transport Company is subject to a decision by the National Labor Relations Board.Truck Transport appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

(Multiple Choice)

4.8/5

(35)

Question 15

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

(True/False)

4.8/5

(42)

Question 16

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

(Multiple Choice)

4.7/5

(39)

Question 17

The U.S.Fish and Wildlife Service utilizes notice-and-comment rulemaking.This involves a period during which

(Multiple Choice)

4.8/5

(37)

Question 18

Administrative agencies can conduct warrantless searches in some situations.

(True/False)

4.8/5

(27)

Question 19

Unlike those who violate statutes,violators of agency rules are not punished.

(True/False)

5.0/5

(36)

Question 20

Showing 1 - 20 of 72

Exam 19: Powers and Functions of Administrative Agencies

The period for persons to comment on a proposed administrative rule must be at least thirty days.

Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

Guard Personnel Company is charged with using 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

Administrative agencies-like the Securities and Exchange Commission,the Federal Trade Commission,and the Food and Drug Administration-make rules.What are the two basic types of rules called,and how binding are they What must an administrative rule NOT do

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

Independent regulatory agencies such as the Federal Trade Commission are

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

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's jurisdiction.This is

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

The U.S.Citizenship and Immigration Service issues a rule.Like the rules of other federal administrative agencies,this rule is compiled in

Truck Transport Company is subject to a decision by the National Labor Relations Board.Truck Transport appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

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

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

The U.S.Fish and Wildlife Service utilizes notice-and-comment rulemaking.This involves a period during which

Administrative agencies can conduct warrantless searches in some situations.

Unlike those who violate statutes,violators of agency rules are not punished.

Business and Its Legal Environment

A: Online Developments:

Ethics and Business Decision Making

Courts and Alternative Dispute Resolution

Constitutional Authority to Regulate Business

Torts,cyber Torts,and Strict Liabiity

Criminal Law and Cyber Crime

International Law in a Global Economy

Intellectual Property and Internet Law

A: Online Developments:

Formation in Traditional and E-Contracts

Contract Performance,breach,and Remedies

Sales,leases,and Product Liability

Creditor-Debtor Relations and Bankruptcy

Mortgages Foreclosures After the Recession

Small Business Organizations

A: Landmark in the Legal Environment:

Corporations

Agency

Employment,immigration,and Labor Law

Employment Discrimination

Consumer Protection

Protecting the Environment

Real Property and Land-Use Control

Antitrust Law and Promoting Competition

Investor Protection and Corporate Governance

Filters