Deck 44: A: Administrative Law

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

Administrative agencies can conduct warrantless searches in some situations.

Question 5

Often,an administrative agency enforces it own rules.

Question 6

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

Question 7

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

Question 8

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Question 9

Independent regulatory agencies include the cabinet departments of the executive branch.

Question 10

If the meaning of a statute's language is unclear and an agency interprets it,a court must follow the interpretation as long as it is reasonable.

Question 11

Only experts can submit comments on a proposed administrative rule.

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

Unlike those who violate statutes,violators of agency rules are not punished.

Question 17

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

Question 18

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

Question 19

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

Question 20

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.

Question 21

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris?diction.This is

A)divine right.
B)the delegation of legislative powers.
C)the gap-filling power.
D)unconstitutional conduct.

Question 22

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 23

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act.To obtain the informa?tion,Jay must

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

Question 24

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

A)an order for specific performance.
B)a rule for parol evidence.
C)a subpoena.
D)a politely worded request.

Question 25

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

A)a request to Congress to enact enabling legislation.
B)the filing of a complaint against a charged party.
C)the publication of a notice of proposed rulemaking.
D)the solicitation of public comments.

Question 26

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

A)agency coercion.
B)infiltrating Verity's computers without the firm's knowledge.
C)public comment.
D)Verity's consent.

Question 27

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 28

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

A)Congress,through enabling legislation.
B)the courts,through the adjudicatory process.
C)the U.S.Constitution,through the _ Amendment.
D)the U.S.Department of the Treasury,through a final order.

Question 29

Closed meetings of the Office of Community Planning and Development 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 liti?ga?tion or rulemaking.
D)all of the choices.

Question 30

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

A)obtain any information,without limits.
B)obtain assurances that the law is not being violated.
C)obtain documents,but not to compel a party to testify.
D)pressure a party to settle an unrelated matter.

Question 31

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

A)attorneys are not allowed to attend administrative hearings.
B)clients are not allowed to communicate with their attorneys dur?ing adminis?trative 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 32

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 33

The Office of Postsecondary Education,like other federal administra?tive agencies,is part of the government's

A)administrative branch.
B)executive branch.
C)judicial branch.
D)legislative branch.

Question 34

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

A)are usually reluctant to review questions of fact.
B)rarely defer to the technical expertise of administrative agencies.
C)often rule on the merits of policy determinations.
D)never defer to an agency's interpretation of law.

Question 35

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

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

Question 36

Truck Transport Company is subject to a decision by the National Labor Relations Board.Truck Transport appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

A)followed a consideration of legally appropriate factors.
B)justifiably changed the agency's prior policy.
C)was accompanied by a rational explanation.
D)was plainly contrary to the evidence.

Question 37

The U.S.Department of Homeland Security issues a rule.Like the rules of other federal administrative agencies,this rule is compiled in

A)the Administrative Register of the Federal Government.
B)the Code of Federal Regulations.
C)the Federal Rules of Civil Procedure.
D)the United States Code.

Question 38

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

A)an actual controversy at issue.
B)standing to sue.
C)the exhaustion doctrine.
D)the ripeness doctrine.

Question 39

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 40

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

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

Question 41

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?

Question 42

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 regula?tion,orders Omega to take specified steps immediately to improve sanita?tion 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 regula?tion? If not,what can Omega do?