Exam 43: Administrative Law

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An administrative agency may exercise only those powers that Congress delegates to it.

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True

A subpoena duces tecum is an order to an individual or organization to hand over certain records, papers, or books.

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Closed meetings of the Office of Community Planning and Development and other federal administrative agencies are permitted when

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Administrative agencies are independent of the executive, judicial, and legislative branches of government.

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The Equal Employment Opportunity Commission (EEOC) orders First Financial Company to reveal certain information. First Financial complains to a court, arguing that the order is an abuse of the EEOC's discretion. Like other agencies, the EEOC can use a subpoena to

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Under the Regulatory Flexibility Act, administrative agencies have the flexibility to issue any regulation that will have "a significant impact."

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

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Most disputes over administrative actions are resolved through negotiated settlements at their initial stages.

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

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An agency action may be set aside unless it is arbitrary or capricious.

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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 dis?close whatever informa?tion they may have concerning it? If so, how should the firm make its request? What federal law applies? Is any information exempt?

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Once an agency has been created, it cannot be abolished.

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A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.

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Most meetings of a federal agency must be open to public observation.

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Executive control over the Federal Communications Commission, and other agencies, may be exercised through a pres?iden?tial veto of

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Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administra?tive law judge or?ders Guard to comply with the TSA's regulations. Guard may

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An administrative agency can compel a witness to appear at an agency hearing.

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Federal agencies must follow formal procedures to make policy.

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Caleb is a witness in a contro?versy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an adminis?trative law judge if he is served with

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After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Longhorn Cattle Company. Longhorn appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

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