Question 1

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA)may be challenged in

Accepted Answer

A) a federal district court. 
B) a hearing before the U.S. Freedom of Information Agency. 
C) a meeting with Congress's FOIA subcommittee. 
D) a special conference with the president of the United States. 
A) a federal district court. 
B) a hearing before the U.S. Freedom of Information Agency. 
C) a meeting with Congress's FOIA subcommittee. 
D) a special conference with the president of the United States.

Question 2

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 3

The Environmental Protection Agency (EPA)wants Hazard Waste Management Company to produce certain records for review. The EPA can gain access to the records through

Accepted Answer

A) an order for specific performance. 
B) a rule for parol evidence. 
C) a formal complaint. 
D) a subpoena. 
A) an order for specific performance. 
B) a rule for parol evidence. 
C) a formal complaint. 
D) a subpoena.

Question 4

An administrative law judge makes determinations of facts.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

A federal administrative agency's final rule is compiled in the United States Code.

Accepted Answer

A) True 
 B)False

Question 7

The Regulatory Flexibility Act requires that whenever a new regulation will have a significant impact on a substantial number of small businesses,the issuing agency must do all of the following EXCEPT

Accepted Answer

A) measure the cost that the rule will impose on small businesses. 
B) consider less burdensome alternatives. 
C) conduct a regulatory flexibility analysis. 
D) adjust the rule to the satisfaction of the regulated businesses. 
A) measure the cost that the rule will impose on small businesses. 
B) consider less burdensome alternatives. 
C) conduct a regulatory flexibility analysis. 
D) adjust the rule to the satisfaction of the regulated businesses.

Question 8

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 9

The Occupational Safety and Health Administration (OSHA)issues new rules with regard to safety in industrial workplaces. After the final rules are issued,OSHA can conduct investigations to

Accepted Answer

A) determine consumer satisfaction. 
B) determine whether affected businesses are satisfied. 
C) monitor compliance with the rules. 
D) determine what type of agency needs to be created next. 
A) determine consumer satisfaction. 
B) determine whether affected businesses are satisfied. 
C) monitor compliance with the rules. 
D) determine what type of agency needs to be created next.

Question 10

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 11

Von seeks information about Wes and other well-known businesspersons under the Freedom of Information Act. To obtain the information,Von must

Accepted Answer

A) agree not to reveal any trade secrets. 
B) reasonably describe the information. 
C) get a court order. 
D) have Wes's and the others' permission. 
A) agree not to reveal any trade secrets. 
B) reasonably describe the information. 
C) get a court order. 
D) have Wes's and the others' permission.

Question 12

Labor Recruiters,Inc.,has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

Accepted Answer

A) attorneys are not allowed to attend administrative hearings. 
B) clients are not allowed to communicate with their attorneys during administrative hearings. 
C) hearsay can be introduced as evidence in an administrative hearing. 
D) the burden of proof is on the charged party to prove innocence. 
A) attorneys are not allowed to attend administrative hearings. 
B) clients are not allowed to communicate with their attorneys during administrative hearings. 
C) hearsay can be introduced as evidence in an administrative hearing. 
D) the burden of proof is on the charged party to prove innocence.

Exam 37: Administrative Law

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA)may be challenged in

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

The Environmental Protection Agency (EPA)wants Hazard Waste Management Company to produce certain records for review. The EPA can gain access to the records through

An administrative law judge makes determinations of facts.

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

A federal administrative agency's final rule is compiled in the United States Code.

The Regulatory Flexibility Act requires that whenever a new regulation will have a significant impact on a substantial number of small businesses,the issuing agency must do all of the following EXCEPT

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

The Occupational Safety and Health Administration (OSHA)issues new rules with regard to safety in industrial workplaces. After the final rules are issued,OSHA can conduct investigations to

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

Von seeks information about Wes and other well-known businesspersons under the Freedom of Information Act. To obtain the information,Von must

Labor Recruiters,Inc.,has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

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