Deck 37: Administrative Law

Question 1

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

Answer 1

True

Question 2

The president can appoint and remove officers from executive agencies.

Answer 2

True

Question 3

The judicial branch exercises control over administrative agencies through its review of agency actions.

Answer 3

True

Question 4

Congress typically leaves a statute's implementation to an administrative agency.

Question 5

An agency can make rules that are as legally binding as laws passed by Congress.

Question 6

The president of the United States has the power to appoint the members of federal administrative agencies.

Question 7

Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.

Question 8

A federal administrative agency's final rule is compiled in the United States Code.

Question 9

Enabling legislation creates administrative agencies.

Question 10

All federal agencies are subject to the requirements of the Administrative Procedure Act.

Question 11

Unlike statutory law,administrative law is created by administrative agencies,not by legislatures.

Question 12

Interested parties must be given an opportunity to comment on a proposed rule.

Question 13

A court will not review an administrative agency's decision until the party seeking review first exhausts all administrative remedies.

Question 14

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

Question 15

Federal executive agencies are outside the federal executive departments.

Question 16

The overall benefits of administrative regulations often exceed their costs.

Question 17

Federal regulations take precedence over conflicting state regulations.

Question 18

Executive agencies are NOT subject to the authority of the president.

Question 19

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

Question 20

Final administrative rules have binding legal effect unless the courts later overturn them.

Question 21

A subpoena ad testificandum is an order compelling a witness to appear at an agency hearing.

Question 22

An administrative law judge makes determinations of facts.

Question 23

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

Question 24

The Food and Drug Administration (FDA)is an executive agency. As an executive agency,the FDA is subject to

A)no higher authority.
B)the authority of the president.
C)the authority of state legislatures.
D)the authority of the U.S. Attorney General

Question 25

Congress can review new federal regulations before they take effect.

Question 26

An administrative law judge has the power to rule on questions of evidence.

Question 27

An administrative agency can never conduct a warrantless search.

Question 28

Every portion of every meeting of a federal administrative agency must be open to public observation.

Question 29

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.

Question 30

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Question 31

One function of an administrative agency is investigating activities regulated by the agency.

Question 32

In most instances,an agency is required to obtain a search warrant before a physical search for evidence is conducted.

Question 33

In reviewing an agency's decision,a court grants no weight to the agency's judgment of factual questions.

Question 34

Most administrative actions are resolved through negotiated settlements at their initial stages,without formal adjudication.

Question 35

The U.S. Department of Health and Human Services (HHS)was founded in 1980. All of the following subagencies are within HHS except

A)the Centers for Medicare and Medicaid Services.
B)the Food and Drug Administration.
C)the Veterans Health Administration.
D)the Centers for Disease Control.

Question 36

The Fourth Amendment protects against unreasonable searches and seizures by agencies.

Question 37

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

A)the federal regulation takes precedence.
B)the state regulation takes precedence.
C)the regulations are mutually void.
D)the regulations are of equal effect.

Question 38

Independent regulatory agencies such as the Federal Trade Commission are

A)not part of the government's executive branch.
B)outside the major departments of the government's executive branch.
C)subagencies of executive agencies.
D)subject to more executive authority than executive agencies.

Question 39

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

Question 40

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration,which is a federal agency. These regulations are part of the body of

A)administrative law.
B)legislative law.
C)executive law.
D)statutory law.

Question 41

The Food and Drug Administration (FDA)wants PharmaQuik,Inc. to produce certain records for review. The FDA can gain access to the records through

A)agency coercion.
B)infiltrating PharmaQuik's computers without the firm's knowledge.
C)public comment.
D)PharmaQuik's voluntary compliance.

Question 42

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

A)an order for specific performance.
B)an executive order.
C)a subpoena.
D)a search warrant.

Question 43

Executive control over the Federal Aviation Administration,and other agencies,may be exercised through a presidential veto of

A)Congress's attempt to modify the agency's authority.
B)the agency's final rules.
C)the agency's final orders.
D)none of the choices.

Question 44

The Merit Systems Protection Board issues a rule. Like other administrative agencies' rules,this rule is as

A)binding as a law passed by Congress.
B)persuasive as an expert's opinion.
C)suggestive as a newspaper's editorial.
D)unenforceable as a salesperson's puffery.

Question 45

The Food and Drug Administration (FDA)is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze,a new pain-relief medication. The FDA's demands for particular documents from Caplets

A)must be specific and adequately describe the material being sought.
B)must not be specific or an incriminating item might be overlooked.
C)must be general so as to force an uncooperative party's compliance.
D)may,but need not,be specific because the FDA is a federal agency.

Question 46

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

A)all industries.
B)highly regulated industries.
C)no industries.
D)newly regulated industries only.

Question 47

The Internal Revenue Service (IRS)wants to seize certain documents of Monetary Propriety,Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

A)incriminating.
B)relevant.
C)technical.
D)valuable.

Question 48

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

A)divine right.
B)a delegation of legislative power.
C)a gap-filling power.
D)arbitrary and capricious.

Question 49

The Nuclear Regulatory Commission is an independent regulatory agency. Its basic functions include making rules,investigating activities that it regulates,enforcing its rules and adjudicating disputes. All of these functions are part of

A)the judicial process.
B)the legislative process.
C)the administrative process.
D)the executive process.

Question 50

Grid Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision,Grid Tools wants a court to review it. First,however,the firm must

A)refuse to comply with the agency decision.
B)petition other interested parties to oppose the decision.
C)exhaust all possible administrative remedies.
D)publish its opposition in the Federal Register.

Question 51

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which

A)judges,legislators,and the president are asked about a proposed rule.
B)potential violators of a proposed rule are notified and publicized.
C)the administrators "notice" a problem and "comment" on it.
D)the public is asked to comment on a proposed rule.

Question 52

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs,tweets,and Web sites. The first step is to

A)compile the rule with others in the Code of Federal Regulations.
B)conduct an on-site inspection.
C)publish a notice of the proposed rulemaking.
D)solicit public comment.

Question 53

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely,Nursing Home Care will be required to appear at a hearing presided over by

A)a federal appellate court judge.
B)a federal district court judge.
C)an administrative law judge.
D)a U.S. Marshal.

Question 54

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

A)Congress,through enabling legislation.
B)the courts,through the adjudicatory process.
C)the U.S. Constitution,in Article I,Section 8.
D)the president,through an executive order.

Question 55

The Environmental Protection Agency (EPA)wants Hazard Waste Management Company to produce certain records for review. The EPA can gain access to the records through

A)an order for specific performance.
B)a rule for parol evidence.
C)a formal complaint.
D)a subpoena.

Question 56

The Federal Trade Commission (FTC)orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court,arguing that the order is an abuse of the FTC's discretion. Like other agencies,the FTC can use a subpoena to

A)compel a party to testify,but not to obtain documents.
B)obtain any information except what a party refuses to reveal.
C)harass an uncooperative business or individual.
D)reveal regulatory violations.

Question 57

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision,arguing that it is arbitrary and capricious. This could mean that the decision

A)changed the agency's prior policy without justification.
B)followed a consideration of all relevant factors.
C)was accompanied by a rational explanation.
D)was plainly warranted by the evidence.

Question 58

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

A)Congress.
B)federal administrative agencies that oversee agricultural products.
C)the United States Supreme Court.
D)the president of the United States.

Question 59

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding has binding legal effect

A)after a court affirms it.
B)until the next presidential election.
C)once Congress approves it.
D)unless a court overturns it.

Question 60

To notify the public of a proposed rule,the Federal Emergency Management Agency,like other federal agencies,publishes the proposal

A)through a broadcast on a public television station.
B)in a trade journal available to members of the industry.
C)in the Federal Register.
D)on its Web site.

Question 61

Guitar Maker,Inc.,makes guitars. The Occupational Safety and Health Administration (OSHA)proposes a safety rule governing the handling of wood and its dust in the workplace,including the woods that Guitar Maker uses in its operations. Guitar Maker contends that the rule will involve substantial compliance costs without significantly increasing workplace safety. The firm sends a letter to OSHA indicating its objections to the proposed rule and enclosing research reports and other data supporting those objections. Does OSHA have any obligation to consider these objections? What procedures must OSHA follow when it makes new rules,such as this one?

Question 62

The Environmental Protection Agency (EPA)discovers that Fish Farms,Inc. has violated an EPA regulation. If no settlement is reached,the EPA can

A)issue a formal complaint against Fish Farms.
B)do nothing.
C)take the matter to the U.S. Supreme Court.
D)immediately impose sanctions on Fish Farms.

Question 63

The functions of the Social Security Administration,like those of other adminis-trative agencies,include

A)adjudication.
B)declaration.
C)enunciation.
D)pronunciation.

Question 64

The Occupational Safety and Health Administration (OSHA)issues new rules with regard to safety in industrial workplaces. After the final rules are issued,OSHA can conduct investigations to

A)determine consumer satisfaction.
B)determine whether affected businesses are satisfied.
C)monitor compliance with the rules.
D)determine what type of agency needs to be created next.

Question 65

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

A)a federal district court.
B)a hearing before the U.S. Freedom of Information Agency.
C)a meeting with Congress's FOIA subcommittee.
D)a special conference with the president of the United States.

Question 66

The Regulatory Flexibility Act requires that whenever a new regulation will have a significant impact on a substantial number of small businesses,the issuing agency must do all of the following EXCEPT

A)measure the cost that the rule will impose on small businesses.
B)consider less burdensome alternatives.
C)conduct a regulatory flexibility analysis.
D)adjust the rule to the satisfaction of the regulated businesses.

Question 67

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

A)agree not to reveal any trade secrets.
B)reasonably describe the information.
C)get a court order.
D)have Wes's and the others' permission.

Question 68

Omega Company operates a computer chip production plant. Paula is the president of Omega. Ron,a representative of the Occupational Safety and Health Administration,inspects the plant and,citing a certain regulation,orders Omega to take specified steps immediately to improve sanitation at the plant. Paula believes that Ron is either exceeding his authority or that the regulation Ron claims to be enforcing is excessive. Can Omega ask a court for an order to stop enforcement of the regulation? If not,what can Omega do?

Question 69

The Federal Emergency Management Agency (FEMA)discovers that Goodnuff Trailers,Inc.,is violating a FEMA regulation. If this situation is resolved like most such disputes,the outcome will be

A)a negotiated settlement.
B)a trial and a fine.
C)a trial and an appeal to a higher authority.
D)a trial and the dissolution of the business.

Question 70

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

A)attorneys are not allowed to attend administrative hearings.
B)clients are not allowed to communicate with their attorneys during administrative hearings.
C)hearsay can be introduced as evidence in an administrative hearing.
D)the burden of proof is on the charged party to prove innocence.

Question 71

With some exceptions,every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

A)no federal or state law.
B)the Freedom of Information Act.
C)the Government in the Sunshine Act.
D)the Public Accountability Act.

Question 72

Closed meetings of the U.S. Forest and Wildlife Service and other federal administrative agencies are permitted when

A)the subject of the meeting concerns accusing a person of a crime.
B)open meetings would frustrate the implementation of future actions.
C)the subject of the meeting involves matters relating to future litigation or rulemaking.
D)all of the choices.