Question 1

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 2

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 3

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 4

Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

Accepted Answer

A) True 
 B)False

Question 5

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 6

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 7

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

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 8

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

Accepted Answer

A) True 
 B)False

Question 9

The functions of the Social Security Administration,like those of other administrative agencies,include

Accepted Answer

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

Question 10

National Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA).Like other federal administrative agencies,the OSHA was created by

Accepted Answer

A) Congress,through enabling legislation. 
B) the Federal Trade Commission,through the rulemaking process. 
C) the president,through an executive order. 
D) the U.S.Department of Labor,through a final order.

Question 11

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 12

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 19: Powers and Functions of Administrative Agencies

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

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

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

Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

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

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

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

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

The functions of the Social Security Administration,like those of other administrative agencies,include

National Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA) .Like other federal administrative agencies,the OSHA was created by

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

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