Question 1

Sanctions that can be imposed by agencies include:

Accepted Answer

A) injunctions. 
B) fines. 
C) loss of license. 
D) all of the above 
A) injunctions. 
B) fines. 
C) loss of license. 
D) all of the above

Question 2

Giving gifts to members of the executive branch can result in criminal prosecution.​

Accepted Answer

A) True 
 B)False

Question 3

Both formal and informal rulemaking processes include public hearings.

Accepted Answer

A) True 
 B)False

Question 4

Describe the roles of administrative agencies.

Accepted Answer

Provide due process

Question 5

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​
-How can comments be submitted?

Accepted Answer

A) By letter 
B) Only by testimony at a public hearing 
C) Only by Congressional testimony 
D) Only through depositions 
A) By letter 
B) Only by testimony at a public hearing 
C) Only by Congressional testimony 
D) Only through depositions

Question 6

Four of the five commissioners for the Federal Trade Commission were working late one evening in their Washington,D.C.offices.The four were catching up on their electronic mail.The four soon discovered each others' presence on electronic mail.One commissioner wrote to the other three,"Let's get some business done so long as we're all here.We could resolve that unfair competition case that's pending for next month.We can iron out our differences via e-mail." The electronic exchanges of the commissioners would:

Accepted Answer

A) be protected because they are internal agency actions. 
B) violate the Government in the Sunshine Act open meeting laws. 
C) be considered law enforcement issues and would be protected from open-meeting laws. 
D) not be a meeting without some staff members present. 
A) be protected because they are internal agency actions. 
B) violate the Government in the Sunshine Act open meeting laws. 
C) be considered law enforcement issues and would be protected from open-meeting laws. 
D) not be a meeting without some staff members present.

Question 7

Which of the following is $\underline{\text{not}}$ an example of an enabling act?

Accepted Answer

A) Government in the Sunshine Act 
B) Securities Exchange Act of 1934 
C) Federal Trade Commission Act 
D) Occupational Safety and Health Act 
A) Government in the Sunshine Act 
B) Securities Exchange Act of 1934 
C) Federal Trade Commission Act 
D) Occupational Safety and Health Act

Question 8

The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency.

Accepted Answer

A) True 
 B)False

Question 9

Many federal agencies use licensing as a means of enforcement.

Accepted Answer

A) True 
 B)False

Question 10

The Federal Privacy Act:

Accepted Answer

A) is the same as the Regulatory Flexibility Act. 
B) does not apply to medical and employment histories. 
C) is part of the Administrative Procedures Act. 
D) applies to all law enforcement information exchanges. 
A) is the same as the Regulatory Flexibility Act. 
B) does not apply to medical and employment histories. 
C) is part of the Administrative Procedures Act. 
D) applies to all law enforcement information exchanges.

Question 11

The Department of Labor promulgated a rule raising the wage threshold for employees to qualify for overtime pay.The threshold wage before was $23,600 ($455 per week and established in 2004).At that level and below,the employee qualifies for overtime hours when the employee works over 40 hours per week.The newly promulgated level increases the wageto $47,476 (that is $913 per week).There were thousands of comments on the proposed changes during the public comment period.The Fair Labor Standards Act does not permit indexing of any wage numbers unless there is specific,new legislation passed to allow it.There is no legislation authorizing the increase.How can a business challenge the increase in the overtime hours level?​

Accepted Answer

A) ​By challenging the change as an ultra vires act. 
B) ​By alleging due process violations. 
C) There is no way to challenge agency action once the rule has taken effect. 
D) By going to federal district court. 
A) ​By challenging the change as an ultra vires act. 
B) ​By alleging due process violations. 
C) There is no way to challenge agency action once the rule has taken effect. 
D) By going to federal district court.

Question 12

An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.

Accepted Answer

A) True 
 B)False

Question 13

Put the following rulemaking steps in order: ​
I.Study of a problem
II.Comment period
III.Public hearings
IV.Promulgation
V.Modification

Accepted Answer

A) ​I, II, III, V, IV 
B) ​V, I, II, III, IV 
C) IV, II, I, III, V 
D) I, V, II, IV, III 
A) ​I, II, III, V, IV 
B) ​V, I, II, III, IV 
C) IV, II, I, III, V 
D) I, V, II, IV, III

Question 14

Under a Freedom of Information Act request,a member of the public can obtain all information in the files of a federal agency.

Accepted Answer

A) True 
 B)False

Question 15

A public comment period must be a minimum of 30 days.

Accepted Answer

A) True 
 B)False

Question 16

A consent decree is similar to a nolo contendere plea.

Accepted Answer

A) True 
 B)False

Question 17

Ralph Watkins is the president of Animal Crackers,Inc.Animal Crackers operates childrens' clothing stores.Ralph has just received notice of charges by the Federal Trade Commission (FTC)against Animal Crackers for deceptive advertising.Watkins wishes to know the company's rights.Which of the following statements is true?

Accepted Answer

A) Animal Crackers is entitled to a jury trial. 
B) Animal Crackers could dispose of the matter through a consent decree. 
C) Animal Crackers is facing criminal charges. 
D) Animal Crackers will have a 30-day comment period. 
A) Animal Crackers is entitled to a jury trial. 
B) Animal Crackers could dispose of the matter through a consent decree. 
C) Animal Crackers is facing criminal charges. 
D) Animal Crackers will have a 30-day comment period.

Question 18

The Government in the Sunshine Act requires advance notice of agency meetings and hearings.

Accepted Answer

A) True 
 B)False

Question 19

Appeals of federal administrative agency decisions go to federal district court.

Accepted Answer

A) True 
 B)False

Question 20

Choose the one with the correct ordering of rulemaking functions from among the following:

Accepted Answer

A) enabling statute, comment period, studies of issues, promulgation 
B) enabling statute, studies of issues, promulgation, comment period 
C) enabling statute, studies of issues, comment period, promulgation 
D) None of the above is in correct order. 
A) enabling statute, comment period, studies of issues, promulgation 
B) enabling statute, studies of issues, promulgation, comment period 
C) enabling statute, studies of issues, comment period, promulgation 
D) None of the above is in correct order.

Sanctions that can be imposed by agencies include:

Giving gifts to members of the executive branch can result in criminal prosecution.

Both formal and informal rulemaking processes include public hearings.

Describe the roles of administrative agencies.

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register. -How can comments be submitted?

Which of the following is $\underline{\text{not}}$ an example of an enabling act?

The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency.

Many federal agencies use licensing as a means of enforcement.

The Federal Privacy Act:

An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.

Put the following rulemaking steps in order: I.Study of a problem II.Comment period III.Public hearings IV.Promulgation V.Modification

Under a Freedom of Information Act request,a member of the public can obtain all information in the files of a federal agency.

A public comment period must be a minimum of 30 days.

A consent decree is similar to a nolo contendere plea.

The Government in the Sunshine Act requires advance notice of agency meetings and hearings.

Appeals of federal administrative agency decisions go to federal district court.

Choose the one with the correct ordering of rulemaking functions from among the following:

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

Sanctions that can be imposed by agencies include:

Giving gifts to members of the executive branch can result in criminal prosecution.​

Both formal and informal rulemaking processes include public hearings.

Describe the roles of administrative agencies.

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register.​ -How can comments be submitted?

Which of the following is not‾\underline{\text{not}}not​ an example of an enabling act?

The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency.

Many federal agencies use licensing as a means of enforcement.

The Federal Privacy Act:

An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.

Put the following rulemaking steps in order: ​ I.Study of a problem II.Comment period III.Public hearings IV.Promulgation V.Modification

Under a Freedom of Information Act request,a member of the public can obtain all information in the files of a federal agency.

A public comment period must be a minimum of 30 days.

A consent decree is similar to a nolo contendere plea.

The Government in the Sunshine Act requires advance notice of agency meetings and hearings.

Appeals of federal administrative agency decisions go to federal district court.

Choose the one with the correct ordering of rulemaking functions from among the following:

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

Giving gifts to members of the executive branch can result in criminal prosecution.

Congress passed the Nursing Mothers Law in 2010,a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3,2011,the Department of Labor published proposed rules in the Federal Register. -How can comments be submitted?

Which of the following is $\underline{\text{not}}$ an example of an enabling act?

Put the following rulemaking steps in order: I.Study of a problem II.Comment period III.Public hearings IV.Promulgation V.Modification