Exam 47: Administrative Law

The Securities and Exchange Commission (SEC)is investigating Bob DeSlob for possible violations of federal securities laws.If the violations occurred,DeSlob could be subjected to adverse civil consequences.As part of this investigation,the SEC has issued a subpoena duces tecum calling for DeSlob to produce copies of his federal income tax returns for the years 2000 through 2002.Assume that the investigation is of the sort authorized by law and is being conducted for a proper purpose.Also assume that it is plausible for the SEC to believe that the tax return copies could contain information relevant to the investigation.DeSlob wishes to have the subpoena duces tecum quashed (i.e. ,invalidated by court order).What would be the strongest argument for DeSlob to make to the court?

The Equal Employment Opportunity Commission (EEOC)was formed to regulate on a variety of issues pertaining to discrimination in employment-related contexts.If the EEOC were to promulgate a regulation specifying safety standards for chainsaws in workplaces,this action could best be attacked as being:

Congress enacted the Freedom of Information Act (FOIA)to enable private citizens to obtain access to documents in the government's possession.

In case a particular agency enabling legislation provides for stricter procedures than the Administrative Procedure Act (APA),those procedures will be considered void.

Which agency rule-making process is the most highly regulated and closely scrutinized by the courts?

Commissioners or board members of which of the following can be removed only for cause?

The ________ was the first administrative agency created by Congress.

What prevents agencies from over-reaching or acting outside of the law?

Who,among the following,is NOT present during administrative adjudications?

The difference between executive agencies and independent agencies is that: