Exam 19: Powers and Functions of Administrative Agencies

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

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

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

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

Interpretive rules simply declare policy and do not affect legal rights or obligations.

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS).Like other federal administrative agencies,the IRS was created by

Independent regulatory agencies include the cabinet departments of the executive branch.

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

In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts

The U.S.Social Security Administration is a federal agency.The Iowa Department of Social Services is a parallel state agency.If these agencies' actions conflict

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

Von seeks information about Wes and other well-known businesspersons under the Freedom of Information Act.To obtain the information,Von must

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

The U.S.Patent and Trademark Office (USPTO)wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

If the meaning of a statute's language is unclear and an agency interprets it,a court must follow the interpretation as long as it is reasonable.

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

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

If the meaning of a statute's language is unclear and an agency interprets it,a court must overturn the interpretation.

In most instances,an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

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