Question 1

A consent decree is:

Accepted Answer

A) comparable to a not guilty plea. 
B) comparable to a nolo contendere plea. 
C) a guilty plea to agency charges. 
D) not made public. 
A) comparable to a not guilty plea. 
B) comparable to a nolo contendere plea. 
C) a guilty plea to agency charges. 
D) not made public. B

Question 2

Only businesses can provide input during the comment period of rulemaking.

Accepted Answer

A) True 
 B)False  False

Question 3

Enforcement of federal administrative regulations:

Accepted Answer

A) is a function of the executive branch. 
B) is a function of the Justice Department. 
C) is part of the agency's role. 
D) none of the above 
A) is a function of the executive branch. 
B) is a function of the Justice Department. 
C) is part of the agency's role. 
D) none of the above C

Question 4

The Federal Maritime Commission approved the charter for an inter-island ferry service in Hawaii but did so without a study of the environmental impact of adding the ferry service.Federal agencies are required to determine environmental impacts of all actions.The airlines that fly between the islands wish to challenge the ferry approval by the Maritime Commission.What grounds could they use?

Accepted Answer

A) arbitrary and capricious 
B) failure to comply with statutory procedures 
C) favoritism 
D) none of the above 
A) arbitrary and capricious 
B) failure to comply with statutory procedures 
C) favoritism 
D) none of the above

Question 5

Informal rule making does not require publication of proposed rules.

Accepted Answer

A) True 
 B)False

Question 6

Formal rule making requires publication of proposed rules.

Accepted Answer

A) True 
 B)False

Question 7

Choose the answer with the proper order for administrative rulemaking.

Accepted Answer

A) study of the problem, notice of rulemaking, public comment period, promulgation 
B) study of the problem, public comment period, notice of rulemaking, promulgation 
C) notice of proposed rulemaking, study of the problem, public comment period, promulgation 
D) notice of proposed rulemaking, public comment period, study of the problem, promulgation 
E) notice of proposed rulemaking, consent decree, public comment period, study of the problem, promulgation 
A) study of the problem, notice of rulemaking, public comment period, promulgation 
B) study of the problem, public comment period, notice of rulemaking, promulgation 
C) notice of proposed rulemaking, study of the problem, public comment period, promulgation 
D) notice of proposed rulemaking, public comment period, study of the problem, promulgation 
E) notice of proposed rulemaking, consent decree, public comment period, study of the problem, promulgation

Question 8

Andrew Flint is the CEO of a small,publicly held company based in Idaho Falls,Idaho.Flint earned $76,000 last year as CEO.Investors in Flint's firm are earning nearly 15 percent on their shares.Flint has learned that the SEC is considering a proposed rule mandating salary studies for all publicly held firms.Flint has priced such studies and has estimates ranging from $27,000 to $40,000.Flint would like the SEC to understand his firm's position.Which of the following statements is true?

Accepted Answer

A) Flint will need to hire a lawyer to present evidence to the SEC. 
B) Flint can challenge the rule only after promulgation. 
C) Flint's challenge must be made in court. 
D) Flint can simply write to the SEC to voice his concerns. 
A) Flint will need to hire a lawyer to present evidence to the SEC. 
B) Flint can challenge the rule only after promulgation. 
C) Flint's challenge must be made in court. 
D) Flint can simply write to the SEC to voice his concerns.

Question 9

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico.The Department has not followed the 30-day comment rule on the composition and location of the proposed fence.The Department:

Accepted Answer

A) has not complied with the rulemaking requirements and cannot proceed with the fence. 
B) can allow as short of a comment time as it wants as long as there is notice. 
C) does not have an enabling statute to allow for a comment period. 
D) does not need to follow comment periods for building a fence. 
A) has not complied with the rulemaking requirements and cannot proceed with the fence. 
B) can allow as short of a comment time as it wants as long as there is notice. 
C) does not have an enabling statute to allow for a comment period. 
D) does not need to follow comment periods for building a fence.

Question 10

The Government in the Sunshine Act applies to all federal administrative agencies.

Accepted Answer

A) True 
 B)False

Question 11

Once a rule is proposed,it cannot be withdrawn.

Accepted Answer

A) True 
 B)False

Question 12

The Department of Homeland Security has asked the Internal Revenue Service for the tax returns of U.S.citizens who have been identified as having ties to terrorist organizations.The IRS has declined to turn over the tax returns.Discuss the rights of the individuals and the authority of the two agencies.

Accepted Answer

The exchange of information is prohibite

Question 13

An enabling act is an act approving rules promulgated by an administrative agency.

Accepted Answer

A) True 
 B)False

Question 14

What is the difference between formal rulemaking and informal rulemaking?

Accepted Answer

A) Formal requires notice while the latter are simply immaterial changes to rules. 
B) Formal requires a public comment period and informal rulemaking does not. 
C) Formal requires public hearings and informal does not. 
D) Formal requires Government in the Sunshine notices and informal does not. 
E) none of the above 
A) Formal requires notice while the latter are simply immaterial changes to rules. 
B) Formal requires a public comment period and informal rulemaking does not. 
C) Formal requires public hearings and informal does not. 
D) Formal requires Government in the Sunshine notices and informal does not. 
E) none of the above

Question 15

Administrative agencies can exist at any level of government.

Accepted Answer

A) True 
 B)False

Question 16

Comment periods are not required for modifications of rules,only new rules.

Accepted Answer

A) True 
 B)False

Question 17

By law,there are exactly twelve independent agencies that report to the Office of the President.

Accepted Answer

A) True 
 B)False

Question 18

Zero-base budgeting:

Accepted Answer

A) means the Congress has "sunseted" an agency. 
B) means that an agency does not automatically receive its previous year's base budget. 
C) is unconstitutional. 
D) none of the above 
A) means the Congress has "sunseted" an agency. 
B) means that an agency does not automatically receive its previous year's base budget. 
C) is unconstitutional. 
D) none of the above

Question 19

Choose the answer with the correct order for administrative agency enforcement proceedings.

Accepted Answer

A) charges, consent decree, hearing, appeal 
B) charges, information gathering, consent decree, fines 
C) charges, hearing, findings and decision, administrative agency decision, judicial appeal 
D) charges, hearing, findings and decision, judicial appeal 
E) charges, hearing, consent decree, judicial appeal 
A) charges, consent decree, hearing, appeal 
B) charges, information gathering, consent decree, fines 
C) charges, hearing, findings and decision, administrative agency decision, judicial appeal 
D) charges, hearing, findings and decision, judicial appeal 
E) charges, hearing, consent decree, judicial appeal

Question 20

The decision of an administrative law judge can be appealed to the agency heads.

Accepted Answer

A) True 
 B)False

A consent decree is:

Only businesses can provide input during the comment period of rulemaking.

Enforcement of federal administrative regulations:

Informal rule making does not require publication of proposed rules.

Formal rule making requires publication of proposed rules.

Choose the answer with the proper order for administrative rulemaking.

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico.The Department has not followed the 30-day comment rule on the composition and location of the proposed fence.The Department:

The Government in the Sunshine Act applies to all federal administrative agencies.

Once a rule is proposed,it cannot be withdrawn.

An enabling act is an act approving rules promulgated by an administrative agency.

What is the difference between formal rulemaking and informal rulemaking?

Administrative agencies can exist at any level of government.

Comment periods are not required for modifications of rules,only new rules.

By law,there are exactly twelve independent agencies that report to the Office of the President.

Zero-base budgeting:

Choose the answer with the correct order for administrative agency enforcement proceedings.

The decision of an administrative law judge can be appealed to the agency heads.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Exam 6: Administrative Law

A consent decree is:

Only businesses can provide input during the comment period of rulemaking.

Enforcement of federal administrative regulations:

Informal rule making does not require publication of proposed rules.

Formal rule making requires publication of proposed rules.

Choose the answer with the proper order for administrative rulemaking.

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico.The Department has not followed the 30-day comment rule on the composition and location of the proposed fence.The Department:

The Government in the Sunshine Act applies to all federal administrative agencies.

Once a rule is proposed,it cannot be withdrawn.

An enabling act is an act approving rules promulgated by an administrative agency.

What is the difference between formal rulemaking and informal rulemaking?

Administrative agencies can exist at any level of government.

Comment periods are not required for modifications of rules,only new rules.

By law,there are exactly twelve independent agencies that report to the Office of the President.

Zero-base budgeting:

Choose the answer with the correct order for administrative agency enforcement proceedings.

The decision of an administrative law judge can be appealed to the agency heads.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters