Question 1

Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations,so that the firm will know what its competitors may be able to learn about it.Can Grapple require the agencies to disclose whatever information they may have concerning it If so,how should the firm make its request What federal law applies Is any information exempt

Accepted Answer

The Freedom of Information Act (FOIA)of 1966 requires the federal government to reveal certain "records" to "any person" on request.The request may be made via e-mail or fax,or more traditional print methods,and needs to contain only a reasonable description of the information sought.An agency has twenty working days to respond to a request.There are exemptions,but the agency must notify the party seeking the information what is being withheld and which exemptions-national security,or the confidential or personal nature of the information,for example-are being asserted.An agency's refusal to comply with the FOIA can be challenged in court.Generally,all records must be made available electronically on the Internet,on CD-ROMs,and in other electronic formats,and clearly indexed.Documents must be made computer accessible within a year of their creation.

Question 2

The period for persons to comment on a proposed administrative rule must be at least thirty days.

Accepted Answer

A) True 
 B)False  True

Question 3

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

Accepted Answer

A) True 
 B)False  False

Question 4

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

Accepted Answer

A) True 
 B)False

Question 5

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 6

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

Accepted Answer

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

Question 7

Guard Personnel Company is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA).The administrative law judge orders Guard to comply with the TSA's regulations.Guard 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 8

Administrative agencies-like the Securities and Exchange Commission,the Federal Trade Commission,and the Food and Drug Administration-make rules.What are the two basic types of rules called,and how binding are they What must an administrative rule NOT do

Accepted Answer

The answer of Administrative agencies-like the Securities and Exchange Commission,the...

Question 9

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

Accepted Answer

A) True 
 B)False

Question 10

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 11

Before adopting new regulations to govern Internet-based phone services,the Federal Communications Commission may not

Accepted Answer

A)  hold hearings to acquire facts pertinent to the proposed rules.
B)  ignore the Administrative Procedure Act to streamline proceedings.
C)  order manufacturers to provide certain documents.
D)  solicit testimony from interest groups and consumers.

Question 12

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

Accepted Answer

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

Question 13

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 14

The U.S.Citizenship and Immigration Service issues a rule.Like the rules of other federal administrative agencies,this rule is compiled in

Accepted Answer

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 15

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

Accepted Answer

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 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

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

Question 18

The U.S.Fish and Wildlife Service utilizes notice-and-comment rulemaking.This involves a period during which

Accepted Answer

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 19

Administrative agencies can conduct warrantless searches in some situations.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 19: Powers and Functions of Administrative Agencies

The period for persons to comment on a proposed administrative rule must be at least thirty days.

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

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

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

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

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

Administrative agencies-like the Securities and Exchange Commission,the Federal Trade Commission,and the Food and Drug Administration-make rules.What are the two basic types of rules called,and how binding are they What must an administrative rule NOT do

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

Independent regulatory agencies such as the Federal Trade Commission are

Before adopting new regulations to govern Internet-based phone services,the Federal Communications Commission may not

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

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 U.S.Citizenship and Immigration Service issues a rule.Like the rules of other federal administrative agencies,this rule is compiled in

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

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

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

The U.S.Fish and Wildlife Service utilizes notice-and-comment rulemaking.This involves a period during which

Administrative agencies can conduct warrantless searches in some situations.

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