Exam 43: Administrative Agencies

The functions of the National Transportation Safety Board, like those of other federal adminis?trative agencies, include

All federal government agencies must make their records available electronically on the Internet and in other electronic formats.

State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation

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

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is

All federal agencies must follow specific procedural requirements when fulfilling their basic functions.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. This process begins with

When the meaning of a statute's language is unclear and an agency interprets it, a court need not follow the interpretation even if it is reasonable.

Like statutory law, administrative law is created by legislatures.

To notify the public of a proposed rule, the U.S. Office of Labor-Management Standards, like other federal agencies, publishes the proposal in

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

Friend2Friend, Inc., a social network provider, is cited by an Internal Revenue Service (IRS) representative for an underpayment of federal income tax. Friend2Friend's accountants believed that the agency overlooked some of the firm's legitimate tax deductions and credits. Erin, Friend2Friend's chief executive officer, wants to challenge the assessment. What are Erin and Friend2Friend's next steps?

An administrative rule may be arbitrary and capricious if the agency failed to provide a rational explanation for its decision.

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

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.

Few agency rules require considerable compliance reporting from regulated entities.

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

A federal administrative agency must alert small businesses-through advertising in trade journals, for example-about forthcoming regulations.

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

Armando is a witness in a contro?versy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an adminis?trative law judge if he is served with