Question 1

Interested parties must be given an opportunity to express their views on a proposed rule.​

Accepted Answer

A) True 
 B)False

Question 2

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.​

Accepted Answer

A) True 
 B)False

Question 3

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under​

Accepted Answer

A)  ​no federal or state law. 
B)  ​the Freedom of Information Act. 
C)  ​the Government in the Sunshine Act. 
D)  ​the Public Accountability Act. 
A)  ​no federal or state law. 
B)  ​the Freedom of Information Act. 
C)  ​the Government in the Sunshine Act. 
D)  ​the Public Accountability Act.

Question 4

There are no situations in which an administrative agency can conduct a warrantless search.​

Accepted Answer

A) True 
 B)False

Question 5

State and federal administrative agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation​

Accepted Answer

A)  ​the federal regulation takes precedence. 
B)  ​the state regulation takes precedence. 
C)  ​the regulations are mutually void. 
D)  ​the regulations are of equal effect. 
A)  ​the federal regulation takes precedence. 
B)  ​the state regulation takes precedence. 
C)  ​the regulations are mutually void. 
D)  ​the regulations are of equal effect.

Question 6

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision​

Accepted Answer

A)  ​changed the agency's prior policy without justification. 
B)  ​followed a consideration of all relevant factors. 
C)  ​was accompanied by a rational explanation. 
D)  ​was plainly warranted by the evidence. 
A)  ​changed the agency's prior policy without justification. 
B)  ​followed a consideration of all relevant factors. 
C)  ​was accompanied by a rational explanation. 
D)  ​was plainly warranted by the evidence.

Question 7

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.​

Accepted Answer

A) True 
 B)False

Question 8

Administrative agencies create their own enabling legislation.​

Accepted Answer

A) True 
 B)False

Question 9

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid​

Accepted Answer

A)  ​appearing uncooperative. 
B)  ​eliminating the need for additional proceedings. 
C)  ​rectifying the problem to the NRC's satisfaction. 
D)  ​saving the expense of formal proceedings and later appeals. 
A)  ​appearing uncooperative. 
B)  ​eliminating the need for additional proceedings. 
C)  ​rectifying the problem to the NRC's satisfaction. 
D)  ​saving the expense of formal proceedings and later appeals.

Question 10

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is​

Accepted Answer

A)  ​divine right. 
B)  ​a delegation of legislative power. 
C)  ​a gap-filling power. 
D)  ​arbitrary and capricious. 
A)  ​divine right. 
B)  ​a delegation of legislative power. 
C)  ​a gap-filling power. 
D)  ​arbitrary and capricious.

Question 11

The overall benefits of administrative regulations often exceed their costs.​

Accepted Answer

A) True 
 B)False

Question 12

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to​

Accepted Answer

A)  ​no higher authority. 
B)  ​less executive authority than executive agencies. 
C)  ​more executive authority than executive agencies. 
D)  ​the authority of nongovernmental oversight committees. 
A)  ​no higher authority. 
B)  ​less executive authority than executive agencies. 
C)  ​more executive authority than executive agencies. 
D)  ​the authority of nongovernmental oversight committees.

Question 13

The most critical activity of an administrative agency is to spend more funds than are allocated to it.​

Accepted Answer

A) True 
 B)False

Question 14

Federal executive agencies such as the Occupational Safety and Health Administration are​

Accepted Answer

A)  ​part of the government's executive branch. 
B)  ​outside the major departments of the government's executive branch. 
C)  ​subagencies of congressional committees. 
D)  ​arms of the courts. 
A)  ​part of the government's executive branch. 
B)  ​outside the major departments of the government's executive branch. 
C)  ​subagencies of congressional committees. 
D)  ​arms of the courts.

Question 15

A federal administrative agency may exercise powers beyond those that Congress delegates to it.​

Accepted Answer

A) True 
 B)False

Question 16

The Merit Systems Protection Board issues a rule. Like other administrative agencies' rules, this rule is as​

Accepted Answer

A)  ​binding as a law passed by Congress. 
B)  ​persuasive as an expert's opinion. 
C)  ​suggestive as a newspaper's editorial. 
D)  ​unenforceable as a salesperson's puffery. 
A)  ​binding as a law passed by Congress. 
B)  ​persuasive as an expert's opinion. 
C)  ​suggestive as a newspaper's editorial. 
D)  ​unenforceable as a salesperson's puffery.

Question 17

Congress typically leaves a statute's implementation to an administrative agency.​

Accepted Answer

A) True 
 B)False

Question 18

Once an agency has been created, it cannot be abolished.​

Accepted Answer

A) True 
 B)False

Question 19

When reviewing an agency's decisions, a court will generally not grant deference to the agency's judgment.​

Accepted Answer

A) True 
 B)False

Question 20

Executive control over the Federal Communications Commission, and other agencies, may be exercised through the president's power to​

Accepted Answer

A)  ​appoint agency officers. 
B)  ​veto the agency's final rules. 
C)  ​veto the agency's final orders. 
D)  promulgate enabling legislation. 
A)  ​appoint agency officers. 
B)  ​veto the agency's final rules. 
C)  ​veto the agency's final orders. 
D)  promulgate enabling legislation.

Exam 43: Administrative Agencies

Interested parties must be given an opportunity to express their views on a proposed rule.​

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.​

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under​

There are no situations in which an administrative agency can conduct a warrantless search.​

State and federal administrative agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation​

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision​

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.​

Administrative agencies create their own enabling legislation.​

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid​

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is​

The overall benefits of administrative regulations often exceed their costs.​

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to​

The most critical activity of an administrative agency is to spend more funds than are allocated to it.​

Federal executive agencies such as the Occupational Safety and Health Administration are​

A federal administrative agency may exercise powers beyond those that Congress delegates to it.​

The Merit Systems Protection Board issues a rule. Like other administrative agencies' rules, this rule is as​

Congress typically leaves a statute's implementation to an administrative agency.​

Once an agency has been created, it cannot be abolished.​

When reviewing an agency's decisions, a court will generally not grant deference to the agency's judgment.​

Executive control over the Federal Communications Commission, and other agencies, may be exercised through the president's power to​

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Business and the Constitution

Business Ethics

Tort Law

Strict Liability and Product Liability

Intellectual Property Rights

Internet Law, Social Media, and Privacy

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Writing Requirement in Our Digital World

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance and Breach of Sales and Lease Contracts

Warranties

International and Space Law

Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Small Businesses and Franchises

All Forms of Partnerships

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Mergers and Takeovers

Investor Protection, Insider Trading, and Corporate Governance

Consumer Law

Environmental Protection

Antitrust Law

Professional Liability and Accountability

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance

Wills and Trusts

The Legal Environment of Business

Torts and Crimes

Contracts and E-Contracts

Domestic and International Sales and Lease Contracts

Negotiable Instruments

Creditors Rights and Bankruptcy

Agency and Employment

Business Organizations

Government Regulation

Interested parties must be given an opportunity to express their views on a proposed rule.

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

There are no situations in which an administrative agency can conduct a warrantless search.

State and federal administrative agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.

Administrative agencies create their own enabling legislation.

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is

The overall benefits of administrative regulations often exceed their costs.

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to

The most critical activity of an administrative agency is to spend more funds than are allocated to it.

Federal executive agencies such as the Occupational Safety and Health Administration are

A federal administrative agency may exercise powers beyond those that Congress delegates to it.

The Merit Systems Protection Board issues a rule. Like other administrative agencies' rules, this rule is as

Congress typically leaves a statute's implementation to an administrative agency.

Once an agency has been created, it cannot be abolished.

When reviewing an agency's decisions, a court will generally not grant deference to the agency's judgment.

Executive control over the Federal Communications Commission, and other agencies, may be exercised through the president's power to