Question 1

The Regulatory Flexibility Act:

Accepted Answer

A)  created the process of hybrid rule making. 
B)  requires publication of rule notices in trade magazines. 
C)  requires a six-month comment period in formal rule making. 
D)  allows regulators to promulgate rules without prior notice. 
A)  created the process of hybrid rule making. 
B)  requires publication of rule notices in trade magazines. 
C)  requires a six-month comment period in formal rule making. 
D)  allows regulators to promulgate rules without prior notice. B

Question 2

A court challenge to a promulgated rule based on the theory that the agency exceeded its authority is:

Accepted Answer

A)  a substantial evidence challenge. 
B)  an arbitrary and capricious challenge. 
C)  an ultra vires challenge. 
D)  all of the above 
A)  a substantial evidence challenge. 
B)  an arbitrary and capricious challenge. 
C)  an ultra vires challenge. 
D)  all of the above C

Question 3

The Government in the Sunshine Act is often referred to as an open-meeting law.

Accepted Answer

A) True 
 B)False  True

Question 4

Who did President Obama appoint to oversee the spending under the American Reinvestment and Recovery Act?

Accepted Answer

A)  Hillary Clinton 
B)  Mike Espy 
C)  Earl Devaney 
D)  Richard Scrushy 
A)  Hillary Clinton 
B)  Mike Espy 
C)  Earl Devaney 
D)  Richard Scrushy

Question 5

Appeals from federal administrative agency decisions go:

Accepted Answer

A)  to federal district court. 
B)  to U.S. Court of Appeals. 
C)  directly to the U.S. Supreme Court. 
D)  none of the above 
A)  to federal district court. 
B)  to U.S. Court of Appeals. 
C)  directly to the U.S. Supreme Court. 
D)  none of the above

Question 6

The Government in the Sunshine Act requires advance notice of agency meetings and hearings.

Accepted Answer

A) True 
 B)False

Question 7

The public comment period:

Accepted Answer

A)  need not be 30 days if there a formal hearings. 
B)  need not be 30 days if the Regulatory Flexibility Act is followed. 
C)  need not be 30 days in the case of an emergency. 
D)  must always be 30 days. 
A)  need not be 30 days if there a formal hearings. 
B)  need not be 30 days if the Regulatory Flexibility Act is followed. 
C)  need not be 30 days in the case of an emergency. 
D)  must always be 30 days.

Question 8

The Nursing Mothers Law:

Accepted Answer

A)  is the enabling legislation. 
B)  must be enforced by Congress. 
C)  must first be published in the Federal Register before any rules can be proposed. 
D)  is part of the Government in the Sunshine Act. 
A)  is the enabling legislation. 
B)  must be enforced by Congress. 
C)  must first be published in the Federal Register before any rules can be proposed. 
D)  is part of the Government in the Sunshine Act.

Question 9

Where could a business find notices of proposed rules?

Accepted Answer

A)  The Code of Federal Regulations 
B)  The Federal Register 
C)  industry trade publications 
D)  both b and c 
A)  The Code of Federal Regulations 
B)  The Federal Register 
C)  industry trade publications 
D)  both b and c

Question 10

Formal rulemaking differs from informal rulemaking in:

Accepted Answer

A)  public notice is required for formal rulemaking not informal. 
B)  a public comment period is needed for formal rulemaking but not informal. 
C)  no modification period exists in formal rulemaking. 
D)  none of the above 
A)  public notice is required for formal rulemaking not informal. 
B)  a public comment period is needed for formal rulemaking but not informal. 
C)  no modification period exists in formal rulemaking. 
D)  none of the above

Question 11

Which of the following is not grounds for challenging an administrative regulation?

Accepted Answer

A)  arbitrary and capricious 
B)  lack of substantial evidence 
C)  ultra vires 
D)  lack of a congressional hearing 
A)  arbitrary and capricious 
B)  lack of substantial evidence 
C)  ultra vires 
D)  lack of a congressional hearing

Question 12

Under federal law, Gibson is:

Accepted Answer

A)  Not subject to searches and seizures by a federal regulatory agency, only law enforcement officials. 
B)  Required to allow entry or can demand a search warrant and then must allow entry. 
C)  Not subject to federal law enforcement because the wood is imported from another country. 
D)  Required to allow the search and no warrant is required. 
A)  Not subject to searches and seizures by a federal regulatory agency, only law enforcement officials. 
B)  Required to allow entry or can demand a search warrant and then must allow entry. 
C)  Not subject to federal law enforcement because the wood is imported from another country. 
D)  Required to allow the search and no warrant is required.

Question 13

How can comments be submitted?

Accepted Answer

A)  By letter 
B)  Only by testimony at a public hearing 
C)  Only by Congressional testimony 
D)  Only through depositions 
A)  By letter 
B)  Only by testimony at a public hearing 
C)  Only by Congressional testimony 
D)  Only through depositions

Question 14

The decision of an administrative law judge can be appealed to the agency heads.

Accepted Answer

A) True 
 B)False

Question 15

Andrew Flint is the CEO of a small, publicly held company based in Idaho Falls, Idaho. Flint earned $76,000 last year as CEO. Investors in Flint's firm are earning nearly 15 percent on their shares. Flint has learned that the SEC is considering a proposed rule mandating salary studies for all publicly held firms. Flint has priced such studies and has estimates ranging from $27,000 to $40,000. Flint would like the SEC to understand his firm's position. Which of the following statements is true?

Accepted Answer

A)  Flint will need to hire a lawyer to present evidence to the SEC. 
B)  Flint can challenge the rule only after promulgation. 
C)  Flint's challenge must be made in court. 
D)  Flint can simply write to the SEC to voice his concerns. 
A)  Flint will need to hire a lawyer to present evidence to the SEC. 
B)  Flint can challenge the rule only after promulgation. 
C)  Flint's challenge must be made in court. 
D)  Flint can simply write to the SEC to voice his concerns.

Question 16

Inspections by administrative agencies require a search warrant unless the business owner gives permission.

Accepted Answer

A) True 
 B)False

Question 17

A public comment period must be a minimum of 30 days.

Accepted Answer

A) True 
 B)False

Question 18

The Code of Federal Regulations contains all the regulations of federal agencies.

Accepted Answer

A) True 
 B)False

Question 19

The FDA has proposed rules that would classify cigarettes as a medical device and thereby severely restrict the types of advertising that could be used. What forms and types of feedback would the tobacco companies have during the rule-making process by the FDA?

Accepted Answer

The companies could provide the usual fo

Question 20

The United States has about as many or fewer administrative agencies as does its major trading partners.

Accepted Answer

A) True 
 B)False

The Regulatory Flexibility Act:

A court challenge to a promulgated rule based on the theory that the agency exceeded its authority is:

The Government in the Sunshine Act is often referred to as an open-meeting law.

Who did President Obama appoint to oversee the spending under the American Reinvestment and Recovery Act?

Appeals from federal administrative agency decisions go:

The Government in the Sunshine Act requires advance notice of agency meetings and hearings.

The public comment period:

The Nursing Mothers Law:

Where could a business find notices of proposed rules?

Formal rulemaking differs from informal rulemaking in:

Which of the following is not grounds for challenging an administrative regulation?

Under federal law, Gibson is:

How can comments be submitted?

The decision of an administrative law judge can be appealed to the agency heads.

Inspections by administrative agencies require a search warrant unless the business owner gives permission.

A public comment period must be a minimum of 30 days.

The Code of Federal Regulations contains all the regulations of federal agencies.

The FDA has proposed rules that would classify cigarettes as a medical device and thereby severely restrict the types of advertising that could be used. What forms and types of feedback would the tobacco companies have during the rule-making process by the FDA?

The United States has about as many or fewer administrative agencies as does its major trading partners.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Products: Business Intellectual Property

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

Filters

Exam 6: Administrative Law

The Regulatory Flexibility Act:

A court challenge to a promulgated rule based on the theory that the agency exceeded its authority is:

The Government in the Sunshine Act is often referred to as an open-meeting law.

Who did President Obama appoint to oversee the spending under the American Reinvestment and Recovery Act?

Appeals from federal administrative agency decisions go:

The Government in the Sunshine Act requires advance notice of agency meetings and hearings.

The public comment period:

The Nursing Mothers Law:

Where could a business find notices of proposed rules?

Formal rulemaking differs from informal rulemaking in:

Which of the following is not grounds for challenging an administrative regulation?

Under federal law, Gibson is:

How can comments be submitted?

The decision of an administrative law judge can be appealed to the agency heads.

Inspections by administrative agencies require a search warrant unless the business owner gives permission.

A public comment period must be a minimum of 30 days.

The Code of Federal Regulations contains all the regulations of federal agencies.

The FDA has proposed rules that would classify cigarettes as a medical device and thereby severely restrict the types of advertising that could be used. What forms and types of feedback would the tobacco companies have during the rule-making process by the FDA?

The United States has about as many or fewer administrative agencies as does its major trading partners.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Products: Business Intellectual Property

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

Filters