Exam 37: Administrative Law

Guitar Maker, Inc., makes guitars. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of wood and its dust in the workplace, including the woods that Guitar Maker uses in its operations. Guitar Maker contends that the rule will involve substantial compliance costs without significantly increasing workplace safety. The firm 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?

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Question 1

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In formulating new rules, a federal administrative agency has to follow specific rulemaking procedures. The most commonly used procedure is notice-and-comment rulemaking, which consists of three steps-notice of the proposed rulemaking, a comment period, and the final rule. The notice of the proposed rulemaking proceeding is published in the Federal Register. The notice states where and when the proceedings will be held, the agency's legal authority for making the rule, and the terms or subject matter of the proposed rule. Following publication of the notice, the agency must allow time for persons to comment in writing on the proposed rule. If a hearing is held, the comments may be oral. The agency need not respond to all comments, but it must respond to any significant comments that bear directly on the proposed rule.
Thus, if Guitar Maker's comments are significant, OSHA must take them into consideration. OSHA can respond by either modifying its final rule or explaining, in a statement accompanying the rule, why it did not make any changes.
After the agency reviews the comments, it drafts the final rule and publishes it in the Federal Register. Later, the rule is compiled with those rules of other federal agencies in the Code of Federal Regulations.

After a final rule is issued, an administrative agency conducts investigations to monitor

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Question 2

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An agency's interpretation of the law will not be upheld by a court unless it is supported by specific evidence-a reasonable explanation is not enough.

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Question 3

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False

When a state administrative regulation conflicts with a federal administrative regulation

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Question 4

The procedures used by administrative agencies in fulfilling their basic functions is known as

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Question 5

The Federal Trade Commission (FTC) orders General Sales Company to reveal certain information. The firm complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

(Multiple Choice)

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Question 6

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

(True/False)

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Question 7

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

(Multiple Choice)

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Question 8

Preventing agencies from abusing their powers without hindering the agencies as they carry out their duties is not a governmental concern.

(True/False)

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Question 9

Information is relevant to an administrative investigation if it assures the agency that the law is not being violated.

(True/False)

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Question 10

Administrative agencies at various levels of government can work together and share the responsibility of creating and enforcing regulations.

(True/False)

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Question 11

As the economy has grown more complex, the size of the government has also increased, and so has the number of administrative agencies.

(True/False)

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Question 12

Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.

(True/False)

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Question 13

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

(Multiple Choice)

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Question 14

An informal agency action can be important because it warns regulated entities that the agency may engage in formal rulemaking if its informal policy is ignored.

(True/False)

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Question 15

During an administrative hearing, the parties may

(Multiple Choice)

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Question 16

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

(Multiple Choice)

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Question 17

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

(True/False)

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Question 18

The Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

(Multiple Choice)

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Question 19

Congress can review new federal regulations only after they take effect.

(True/False)

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Question 20

Showing 1 - 20 of 72

Exam 37: Administrative Law

After a final rule is issued, an administrative agency conducts investigations to monitor

An agency's interpretation of the law will not be upheld by a court unless it is supported by specific evidence-a reasonable explanation is not enough.

When a state administrative regulation conflicts with a federal administrative regulation

The procedures used by administrative agencies in fulfilling their basic functions is known as

The Federal Trade Commission (FTC) orders General Sales Company to reveal certain information. The firm complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

Preventing agencies from abusing their powers without hindering the agencies as they carry out their duties is not a governmental concern.

Information is relevant to an administrative investigation if it assures the agency that the law is not being violated.

Administrative agencies at various levels of government can work together and share the responsibility of creating and enforcing regulations.

As the economy has grown more complex, the size of the government has also increased, and so has the number of administrative agencies.

Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

An informal agency action can be important because it warns regulated entities that the agency may engage in formal rulemaking if its informal policy is ignored.

During an administrative hearing, the parties may

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

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

The Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

Congress can review new federal regulations only after they take effect.

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