Question 1

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 2

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

Accepted Answer

A) True 
 B)False

Question 3

Under what is known as the exhaustion doctrine, an agency must exhaustively regulate every aspect of every activity subject to its rule.

Accepted Answer

A) True 
 B)False

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

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​

Accepted Answer

A)  ​Congress, through enabling legislation. 
B)  ​the courts, through the adjudicatory process. 
C)  ​the U.S. Constitution, in Article I, Section 8. 
D)  ​the president, through an executive order. 
A)  ​Congress, through enabling legislation. 
B)  ​the courts, through the adjudicatory process. 
C)  ​the U.S. Constitution, in Article I, Section 8. 
D)  ​the president, through an executive order.

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)  ​a federal appellate court judge. 
B)  ​a federal district court judge. 
C)  ​an administrative law judge. 
D)  ​a U.S. Marshal. 
A)  ​a federal appellate court judge. 
B)  ​a federal district court judge. 
C)  ​an administrative law judge. 
D)  ​a U.S. Marshal.

Question 8

Final administrative rules have binding legal effect.

Accepted Answer

A) True 
 B)False

Question 9

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 10

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 11

Federal administrative agencies' final rules are compiled in the United States Code.

Accepted Answer

A) True 
 B)False

Question 12

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 13

A federal administrative agency is often created as a parallel to a state agency.

Accepted Answer

A) True 
 B)False

Question 14

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 15

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 16

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?​

Accepted Answer

Friend2Friend cannot ask a court for an

Question 17

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 National Institutes of Health. 
B)  ​the Food and Drug Administration. 
C)  ​the Veterans Health Administration. 
D)  ​the Centers for Disease Control. 
A)  ​the National Institutes of Health. 
B)  ​the Food and Drug Administration. 
C)  ​the Veterans Health Administration. 
D)  ​the Centers for Disease Control.

Question 18

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?​

Accepted Answer

In formulating new rules, a federal admi

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A)  ​the subject of the meeting concerns accusing a person of a crime. 
B)  ​open meetings would frustrate the implementation of future actions. 
C)  ​the subject of the meeting involves matters relating to future litigation or rulemaking. 
D)  ​all of the choices. 
A)  ​the subject of the meeting concerns accusing a person of a crime. 
B)  ​open meetings would frustrate the implementation of future actions. 
C)  ​the subject of the meeting involves matters relating to future litigation or rulemaking. 
D)  ​all of the choices.

Exam 23: Administrative Agencies

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

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

Under what is known as the exhaustion doctrine, an agency must exhaustively regulate every aspect of every activity subject to its rule.

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

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​

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

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

Final administrative rules have binding legal effect.

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

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​

Federal administrative agencies' final rules are compiled in the United States Code.

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

A federal administrative agency is often created as a parallel to a state agency.

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

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

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

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

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

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Filters

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

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

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

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

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

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

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

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

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