Question 1

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Accepted Answer

A) True 
 B)False  True

Question 2

Administrative agencies can conduct warrantless searches in some situations.

Accepted Answer

A) True 
 B)False  True

Question 3

Persons who favor the creation of a National Biotech Agency to regu-late the production of genetically altered agricultural products should concentrate their lobbying efforts on

Accepted Answer

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

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

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 6

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 7

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful ad-di-tives 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 8

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 docu-ments are

Accepted Answer

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

Question 9

Often, an administrative agency itself enforces its rules.

Accepted Answer

A) True 
 B)False

Question 10

Federal executive agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 11

Like statutory law, administrative law is created by legislatures.

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

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

Accepted Answer

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

Question 14

The U.S.Social Security Administration is a federal agency.The Iowa Department of Social Services is a parallel state agency.If these agen-cies' 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 15

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

Accepted Answer

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 16

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 17

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

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 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

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.

Exam 19: Powers and Functions of Administrative Agencies

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Administrative agencies can conduct warrantless searches in some situations.

Persons who favor the creation of a National Biotech Agency to regu-late the production of genetically altered agricultural products should concentrate their lobbying efforts on

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

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

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

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

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 docu-ments are

Often, an administrative agency itself enforces its rules.

Federal executive agencies are outside the federal executive departments.

Like statutory law, administrative law is created by legislatures.

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

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

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

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

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

Independent regulatory agencies such as the Federal Trade Commission are

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

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

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