Question 1

A federal administrative agency's final rule is published in the United States Code.

Accepted Answer

A) True 
 B)False

Question 2

Power-Plus Battery Company (PPBC) makes batteries for motor vehicles. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of ac?ids in the workplace, including chemi?cals PPBC uses in its operations. PPBC concludes that the rule will involve sub?stantial compliance costs without significantly increasing workplace safety. PPBC sends a letter to OSHA indicating its objections to the pro?posed rule and enclosing research reports and other data sup?porting those objections. Does OSHA have any obligation to consider these objec?tions? What procedures must OSHA follow when it makes new rules, such as this one?

Accepted Answer

In formulating new rules, a federal admi...

Question 3

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) . Like other federal administrative agencies, the IRS was created by

Accepted Answer

A)   Congress, through enabling legislation.
B)   the courts, through the adjudicatory process.
C)   the U.S. Constitution, through the _ Amendment.
D)   the U.S. Department of the Treasury, through a final order.E) A) and B)
F) B) and D)

Question 4

An administrative agency cannot conduct a search without a warrant.

Accepted Answer

A) True 
 B)False

Question 5

There are requirements for formal administra?tive rulemaking.

Accepted Answer

A) True 
 B)False

Question 6

Administrative agencies may be required to show that in?forma?tion re?quested during the course of an investigation is relevant.

Accepted Answer

A) True 
 B)False

Question 7

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

Accepted Answer

A)   an actual controversy at issue.
B)   standing to sue.
C)   the exhaustion doctrine.
D)   the ripeness doctrine.E) A) and C)
F) A) and B)

Question 8

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

Accepted Answer

A)   are usually reluctant to review questions of fact.
B)   rarely defer to the technical expertise of administrative agencies.
C)   often rule on the merits of policy determinations.
D)   all of the choices.E) None of the above
F) B) and C)

Question 9

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

Question 10

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) A) and C)

Question 11

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the informa?tion, Jay must

Accepted Answer

A)   agree not to reveal any trade secrets.
B)   describe the information.
C)   get a court order.
D)   have Kim's and the others' permission.E) B) and C)
F) All of the above

Question 12

Administrative agencies do not have rule-making powers.

Accepted Answer

A) True 
 B)False

Question 13

An administrative agency will generally initiate an administrative ac?tion against an organization by undertaking formal adjudication.

Accepted Answer

A) True 
 B)False

Question 14

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemak?ing. 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.E) All of the above
F) C) and D)

Question 15

Administrative agencies have adjudicatory powers.

Accepted Answer

A) True 
 B)False

Question 16

To challenge an agency action, a party must have at least an abstract disagreement over an administrative policy.

Accepted Answer

A) True 
 B)False

Question 17

The Consumer Product Safety Commission (CPSC)  wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Accepted Answer

A)   an order for specific performance.
B)   a rule for parol evidence.
C)   a subpoena ad testificandum.
D)   a subpoena duces tecum.E) B) and D)
F) All of the above

Question 18

Administrative agencies create administrative law.

Accepted Answer

A) True 
 B)False

Question 19

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

Question 20

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 bind?ing are they? What must an administrative rule NOT do?

Accepted Answer

The rules that are made according to the...

Exam 43: Administrative Law

A federal administrative agency's final rule is published in the United States Code.

Correct Answer
verified

An administrative agency cannot conduct a search without a warrant.

Correct Answer
verified

Administrative agencies may be required to show that in?forma?tion re?quested during the course of an investigation is relevant.

Correct Answer
verified

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Correct Answer
verified

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

Correct Answer
verified

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

Correct Answer
verified

Administrative agencies create administrative law.

Correct Answer
verified

Independent regulatory agencies such as the Federal Trade Commission are

Correct Answer
verified

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the informa?tion, Jay must

Correct Answer
verified

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 Answer
verified

An administrative agency will generally initiate an administrative ac?tion against an organization by undertaking formal adjudication.

Correct Answer
verified

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) . Like other federal administrative agencies, the IRS was created by

Correct Answer
verified

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

Correct Answer
verified

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 bind?ing are they? What must an administrative rule NOT do?

Correct Answer
verified
The rules that are made according to the...
View Answer

There are requirements for formal administra?tive rulemaking.

Correct Answer
verified

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

Correct Answer
verified

To challenge an agency action, a party must have at least an abstract disagreement over an administrative policy.

Correct Answer
verified

Correct Answer
verified
In formulating new rules, a federal admi...
View Answer

Administrative agencies do not have rule-making powers.

Correct Answer
verified

Administrative agencies have adjudicatory powers.

Correct Answer
verified

Exam 43: Administrative Law

A federal administrative agency's final rule is published in the United States Code.

Correct AnswerverifiedShow Answer

An administrative agency cannot conduct a search without a warrant.

Correct AnswerverifiedShow Answer

Administrative agencies may be required to show that in?forma?tion re?quested during the course of an investigation is relevant.

Correct AnswerverifiedShow Answer

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Correct AnswerverifiedShow Answer

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

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 AnswerverifiedShow Answer

Administrative agencies create administrative law.

Correct AnswerverifiedShow Answer

Independent regulatory agencies such as the Federal Trade Commission are

Correct AnswerverifiedShow Answer

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the informa?tion, Jay must

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

An administrative agency will generally initiate an administrative ac?tion against an organization by undertaking formal adjudication.

Correct AnswerverifiedShow Answer

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) . Like other federal administrative agencies, the IRS was created by

Correct AnswerverifiedShow Answer

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

Correct AnswerverifiedShow Answer

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 bind?ing are they? What must an administrative rule NOT do?

Correct AnswerverifiedThe rules that are made according to the...View AnswerShow Answer

There are requirements for formal administra?tive rulemaking.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

To challenge an agency action, a party must have at least an abstract disagreement over an administrative policy.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedIn formulating new rules, a federal admi...View AnswerShow Answer

Administrative agencies do not have rule-making powers.

Correct AnswerverifiedShow Answer

Administrative agencies have adjudicatory powers.

Correct AnswerverifiedShow Answer

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

Correct Answer
verified
The rules that are made according to the...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
In formulating new rules, a federal admi...
View Answer

Correct Answer
verified

Correct Answer
verified