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Exam 6: Administrative Law

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Question 1

Multiple Choice

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Persons who favor the creation of a federal biotech agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on

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

E) C) and D)
F) None of the above

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Question 2

Multiple Choice

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Closed meetings of the Office of Community Planning and Development and other federal administrative agencies are permitted when

A) the subject of the meeting concerns accusing a person of a crime.
B) open meetings would frustrate the implementation of future actions.
C) the subject of the meeting involves matters relating to future litigation or rulemaking.
D) all of the choices.

E) C) and D)
F) A) and B)

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Question 3

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By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

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 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

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

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 U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

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

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

Administrative law is created by administrative agencies,not by legislatures.

Administrative agencies can conduct warrantless searches in some situations.

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 acids in the workplace,including chemicals PPBC uses in its operations.PPBC concludes that the rule will involve substantial compliance costs without significantly increasing workplace safety.PPBC sends a letter to OSHA indicating its objections to the proposed rule and enclosing research reports and other data supporting those objections.Does OSHA have any obligation to consider these objections? What procedures must OSHA follow when it makes new rules,such as this one?

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

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

If the meaning of a statute's language is unclear and an agency interprets it,a court must follow the interpretation as long as it is reasonable.

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

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

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

The Equal Employment Opportunity Commission (EEOC) orders First Financial Company to reveal certain information.First Financial complains to a court,arguing that the order is an abuse of the EEOC's discretion.Like other agencies,the EEOC can use a subpoena to