Question 1

There are basic steps to formal administrative rulemaking.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A)   the federal agency's actions will prevail.
B)   the state agency's actions will prevail.
C)   the two agencies' actions will be given equal weight.
D)   the two agencies' actions will cancel each other.E) A) and C)
F) All of the above

Question 3

An agency action may be set aside if it is arbitrary or capricious.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A)   fact and law.
B)   fact only.
C)   law only.
D)   neither fact nor law.E) A) and B)
F) All of the above A

Question 5

The judicial branch exercises control over administrative agencies through its review of agency actions.

Accepted Answer

A) True 
 B)False  True

Question 6

Persons who favor the creation of a National Biotech Agency to regulate 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.E) B) and C)
F) A) and D)

Question 7

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.E) A) and B)
F) A) and C) B

Question 8

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Accepted Answer

A) True 
 B)False

Question 9

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 consulted.
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.E) B) and D)
F) None of the above

Question 10

Administrative agencies have the power to resolve disputes through formal adjudication.

Accepted Answer

A) True 
 B)False

Question 11

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.E) B) and C)
F) A) and B)

Question 12

The executive, judicial, and legislative branches of government do not exercise any control over administrative agency powers and functions.

Accepted Answer

A) True 
 B)False

Question 13

Once an agency has been created, it cannot be abolished.

Accepted Answer

A) True 
 B)False

Question 14

A regulated party can take a dispute about the regulation to a court rather than going through the administrative adjudicatory process.

Accepted Answer

A) True 
 B)False

Question 15

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of

Accepted Answer

A)   accounting practices.
B)   asset acquisition.
C)   hazardous waste management.
D)   tax reporting.E) A) and B)
F) A) and C)

Question 16

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.E) All of the above
F) B) and C)

Question 17

Final administrative rules do not have binding legal effect.

Accepted Answer

A) True 
 B)False

Question 18

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.E) A) and B)
F) B) and C)

Question 19

Administrative agencies issue administrative regulations.

Accepted Answer

A) True 
 B)False

Question 20

Congress issues "legislative rules" when it creates an administrative agency.

Accepted Answer

A) True 
 B)False

Exam 5: Administrative Law

There are basic steps to formal administrative rulemaking.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

An agency action may be set aside if it is arbitrary or capricious.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedA

The judicial branch exercises control over administrative agencies through its review of agency actions.

Correct AnswerverifiedTrue

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedB

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Administrative agencies have the power to resolve disputes through formal adjudication.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The executive, judicial, and legislative branches of government do not exercise any control over administrative agency powers and functions.

Correct AnswerverifiedShow Answer

Once an agency has been created, it cannot be abolished.

Correct AnswerverifiedShow Answer

A regulated party can take a dispute about the regulation to a court rather than going through the administrative adjudicatory process.

Correct AnswerverifiedShow Answer

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Final administrative rules do not have binding legal effect.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Administrative agencies issue administrative regulations.

Correct AnswerverifiedShow Answer

Congress issues "legislative rules" when it creates an administrative agency.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A

Correct Answer
verified
True

Correct Answer
verified

Correct Answer
verified
B

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified