Exam 43: Administrative Agencies

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

Rulemaking-the formulation of new administrative regulations-is a major function of administrative agencies.​

Some federal agencies are not subject to the requirements of the Administrative Procedure Act.​

Congress can review new federal regulations before they take effect.​

The Environmental Protection Agency (EPA) discovers that Fish Farms, Inc. has violated an EPA regulation. If no settlement is reached, the EPA can​

The functions of the Social Security Administration, like those of other administrative agencies, include​

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​

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.​

The meeting of a federal administrative agency can be closed to public observation at the discretion of the agency.​

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

Closed meetings of the U.S. Forest and Wildlife Service and other federal administrative agencies are permitted when​

A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.​

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The first step is to​

Unlike statutory law, administrative law is created by administrative agencies, not by legislatures.​

An administrative law judge does not have the power to rule on questions of evidence.​

The Nuclear Regulatory Commission is an independent regulatory agency. Its basic functions include making rules, investigating activities that it regulates, enforcing its rules and adjudicating disputes. All of these functions are part of​

Friend2Friend, Inc., a social network provider, is cited by an Internal Revenue Service (IRS) representative for an underpayment of federal income tax. Friend2Friend's accountants believed that the agency overlooked some of the firm's legitimate tax deductions and credits. Erin, Friend2Friend's chief executive officer, wants to challenge the assessment. What are Erin and Friend2Friend's next steps?​

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?​

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.​

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must​