Exam 44: A: Administrative Law

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

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

The Federal Highway Administration uses notice-and-comment rulemaking.This process begins with

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

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

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

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

Administrative law is created by administrative agencies,not by legislatures.

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

Labor Recruiters,Inc. ,has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board.A significant difference between a trial and an administrative hearing is that

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

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx wants a court to review it.First,however,the firm must use all of the potential administrative remedies.This is

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

All federal government agencies must make their records available electronically on the Internet.

Power-Plus Battery Company (PPBC)makes batteries for motor vehicles.The Occupational Safety and Health Administration (OSHA)proposes a safety rule governing the handling of ac?ids in the workplace,including chemi?cals PPBC uses in its operations.PPBC concludes that the rule will involve sub?stantial compliance costs without significantly increasing workplace safety.PPBC sends a letter to OSHA indicating its objections to the pro?posed rule and enclosing research reports and other data sup?porting those objections.Does OSHA have any obligation to consider these objec?tions? What procedures must OSHA follow when it makes new rules,such as this one?

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically altered agricultural products should con?cen?trate their lobbying ef?forts on

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

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

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.