Question 1

State and federal transportation 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 2

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

Accepted Answer

A) all industries. 
B) highly regulated industries. 
C) no industries. 
D) newly regulated industries only. 
A) all industries. 
B) highly regulated industries. 
C) no industries. 
D) newly regulated industries only.

Question 3

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration,which is a federal agency. These regulations are part of the body of

Accepted Answer

A) administrative law. 
B) legislative law. 
C) executive law. 
D) statutory law. 
A) administrative law. 
B) legislative law. 
C) executive law. 
D) statutory law.

Question 4

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which

Accepted Answer

A) judges,legislators,and the president are asked about a proposed rule. 
B) potential violators of a proposed rule are notified and publicized. 
C) the administrators "notice" a problem and "comment" on it. 
D) the public is asked to comment on a proposed rule. 
A) judges,legislators,and the president are asked about a proposed rule. 
B) potential violators of a proposed rule are notified and publicized. 
C) the administrators "notice" a problem and "comment" on it. 
D) the public is asked to comment on a proposed rule.

Question 5

The U.S. Department of Health and Human Services (HHS)was founded in 1980. All of the following subagencies are within HHS except

Accepted Answer

A) the Centers for Medicare and Medicaid Services. 
B) the Food and Drug Administration. 
C) the Veterans Health Administration. 
D) the Centers for Disease Control. 
A) the Centers for Medicare and Medicaid Services. 
B) the Food and Drug Administration. 
C) the Veterans Health Administration. 
D) the Centers for Disease Control.

Question 6

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

A) not part of the government's executive branch. 
B) outside the major departments of the government's executive branch. 
C) subagencies of executive agencies. 
D) subject to more executive authority than executive agencies. 
A) not part of the government's executive branch. 
B) outside the major departments of the government's executive branch. 
C) subagencies of executive agencies. 
D) subject to more executive authority than executive agencies.

Question 7

Interested parties must be given an opportunity to comment on a proposed rule.

Accepted Answer

A) True 
 B)False

Question 8

The Food and Drug Administration (FDA)is an executive agency. As an executive agency,the FDA is subject to

Accepted Answer

A) no higher authority. 
B) the authority of the president. 
C) the authority of state legislatures. 
D) the authority of the U.S. Attorney General 
A) no higher authority. 
B) the authority of the president. 
C) the authority of state legislatures. 
D) the authority of the U.S. Attorney General

Question 9

A subpoena ad testificandum is an order compelling a witness to appear at an agency hearing.

Accepted Answer

A) True 
 B)False

Question 10

An administrative law judge has the power to rule on questions of evidence.

Accepted Answer

A) True 
 B)False

Question 11

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding has binding legal effect

Accepted Answer

A) after a court affirms it. 
B) until the next presidential election. 
C) once Congress approves it. 
D) unless a court overturns it. 
A) after a court affirms it. 
B) until the next presidential election. 
C) once Congress approves it. 
D) unless a court overturns it.

Question 12

Congress can review new federal regulations before they take effect.

Accepted Answer

A) True 
 B)False

Question 13

One function of an administrative agency is investigating activities regulated by the agency.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

A court will not review an administrative agency's decision until the party seeking review first exhausts all administrative remedies.

Accepted Answer

A) True 
 B)False

Question 16

All federal agencies are subject to the requirements of the Administrative Procedure Act.

Accepted Answer

A) True 
 B)False

Question 17

The overall benefits of administrative regulations often exceed their costs.

Accepted Answer

A) True 
 B)False

Question 18

Every portion of every meeting of a federal administrative agency must be open to public observation.

Accepted Answer

A) True 
 B)False

Question 19

To notify the public of a proposed rule,the Federal Emergency Management Agency,like other federal agencies,publishes the proposal

Accepted Answer

A) through a broadcast on a public television station. 
B) in a trade journal available to members of the industry. 
C) in the Federal Register. 
D) on its Web site. 
A) through a broadcast on a public television station. 
B) in a trade journal available to members of the industry. 
C) in the Federal Register. 
D) on its Web site.

Question 20

The Federal Emergency Management Agency (FEMA)discovers that Goodnuff Trailers,Inc.,is violating a FEMA regulation. If this situation is resolved like most such disputes,the outcome will be

Accepted Answer

A) a negotiated settlement. 
B) a trial and a fine. 
C) a trial and an appeal to a higher authority. 
D) a trial and the dissolution of the business. 
A) a negotiated settlement. 
B) a trial and a fine. 
C) a trial and an appeal to a higher authority. 
D) a trial and the dissolution of the business.

Exam 37: Administrative Law

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

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration,which is a federal agency. These regulations are part of the body of

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which

The U.S. Department of Health and Human Services (HHS)was founded in 1980. All of the following subagencies are within HHS except

Independent regulatory agencies such as the Federal Trade Commission are

Interested parties must be given an opportunity to comment on a proposed rule.

The Food and Drug Administration (FDA)is an executive agency. As an executive agency,the FDA is subject to

A subpoena ad testificandum is an order compelling a witness to appear at an agency hearing.

An administrative law judge has the power to rule on questions of evidence.

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding has binding legal effect

Congress can review new federal regulations before they take effect.

One function of an administrative agency is investigating activities regulated by the agency.

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

A court will not review an administrative agency's decision until the party seeking review first exhausts all administrative remedies.

All federal agencies are subject to the requirements of the Administrative Procedure Act.

The overall benefits of administrative regulations often exceed their costs.

Every portion of every meeting of a federal administrative agency must be open to public observation.

To notify the public of a proposed rule,the Federal Emergency Management Agency,like other federal agencies,publishes the proposal

The Federal Emergency Management Agency (FEMA)discovers that Goodnuff Trailers,Inc.,is violating a FEMA regulation. If this situation is resolved like most such disputes,the outcome will be

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