Question 1

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with​

Accepted Answer

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

Question 2

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in​

Accepted Answer

A) the news media. 
B) a trade journal available to members of the industry. 
C) the Federal Register. 
D) an office memo that employees are free to take home.

Question 3

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.

Accepted Answer

A) True 
 B)False

Question 4

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​

Accepted Answer

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

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

Guard Personnel Company (GPC)is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA).The administrative law judge orders GPC to comply with the TSA's regulations.GPC may​

Accepted Answer

A) appeal to the commission that governs the TSA. 
B) appeal to Congress,which created the TSA. 
C) appeal to a different,separate agency. 
D) ignore the order.

Question 7

Administrative agencies cannot make legislative rules,or substantive rules,that are as legally binding as laws that the Congress passes.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

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

Question 9

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​

Accepted Answer

A) must be specific and adequately describe the material being sought. 
B) must be non-specific so an incriminating item is not 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 10

Only experts can submit comments on a proposed administrative rule.

Accepted Answer

A) True 
 B)False

Question 11

State regulation,when not preempted,may cover many of the same activities as federal regulation.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) the facts and the law. 
B) the agency's authority. 
C) procedural requirements. 
D) the Constitution.

Question 13

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

Accepted Answer

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 14

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding is sometimes referred to as​

Accepted Answer

A)  a legislative rule. 
B) an interpretive rule. 
C) an adjudicatory order. 
D) an executive edict.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

The Administrative Procedure Act does not apply to a particular agency procedure.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

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 19

The U.S.Social Security Administration is a federal agency.The Iowa Department of Social Services is a parallel state agency.If these agencies' regulations conflict

Accepted Answer

A) the federal agency's regulations take precedence. 
B) the state agency's regulations take precedence. 
C) the two agencies' regulations take equal precedence. 
D) the two agencies' regulations cancel each other.

Question 20

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​

Accepted Answer

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

Exam 5: Powers and Functions of Administrative Agencies

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in

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.

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

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

Guard Personnel Company (GPC) is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA) .The administrative law judge orders GPC to comply with the TSA's regulations.GPC may

Administrative agencies cannot make legislative rules,or substantive rules,that are as legally binding as laws that the Congress passes.

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

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

Only experts can submit comments on a proposed administrative rule.

State regulation,when not preempted,may cover many of the same activities as federal regulation.

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

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

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding is sometimes referred to as

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

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

The Administrative Procedure Act does not apply to a particular agency procedure.

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

The U.S.Social Security Administration is a federal agency.The Iowa Department of Social Services is a parallel state agency.If these agencies' regulations conflict

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

Exam 5: Powers and Functions of Administrative Agencies

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with​

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in​

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.

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​

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

Guard Personnel Company (GPC) is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA) .The administrative law judge orders GPC to comply with the TSA's regulations.GPC may​

Administrative agencies cannot make legislative rules,or substantive rules,that are as legally binding as laws that the Congress passes.

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

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​

Only experts can submit comments on a proposed administrative rule.

State regulation,when not preempted,may cover many of the same activities as federal regulation.

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

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

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding is sometimes referred to as​

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

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

The Administrative Procedure Act does not apply to a particular agency procedure.

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

The U.S.Social Security Administration is a federal agency.The Iowa Department of Social Services is a parallel state agency.If these agencies' regulations conflict

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​

Caleb is a witness in a controversy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an administrative law judge if he is served with

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in

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

Guard Personnel Company (GPC) is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA) .The administrative law judge orders GPC to comply with the TSA's regulations.GPC may

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

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

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

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

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding is sometimes referred to as

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

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