Exam 37: Administrative Law

Armando is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an administrative law judge if he is served with

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

The functions of the Social Security Administration,like those of other adminis-trative agencies,include

The judicial branch exercises control over administrative agencies through its review of agency actions.

A subpoena duces tecum 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

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies,the IRS was created by

Federal executive agencies are outside the federal executive departments.

Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.

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?

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

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely,Nursing Home Care will be required to appear at a hearing presided over by

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

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

The Federal Trade Commission (FTC)orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court,arguing that the order is an abuse of the FTC's discretion. Like other agencies,the FTC can use a subpoena to

Executive control over the Federal Aviation Administration,and other agencies,may be exercised through a presidential veto of

Omega Company operates a computer chip production plant. Paula is the president of Omega. Ron,a representative of the Occupational Safety and Health Administration,inspects the plant and,citing a certain regulation,orders Omega to take specified steps immediately to improve sanitation at the plant. Paula believes that Ron is either exceeding his authority or that the regulation Ron claims to be enforcing is excessive. Can Omega ask a court for an order to stop enforcement of the regulation? If not,what can Omega do?

The Food and Drug Administration (FDA)wants PharmaQuik,Inc. to produce certain records for review. The FDA can gain access to the records through

The president can appoint and remove officers from executive agencies.