Exam 44: Administrative Law

State regulation,when not preempted,may cover many of the same activities as federal regulation.

In most instances,an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA).Like other federal administrative agencies,the OSHA was created by

Federal executive agencies are outside the federal executive departments.

The Nuclear Regulatory Commission (NRC)files a complaint against General Construction Corporation (GCC).GCC may want to set?tle the dispute,before formal adjudicatory proceedings be?gin,to avoid

Final administrative rules have binding legal effect unless the courts later overturn them.

The Merit Systems Protection Board issues a rule.Like other adminis?tra?tive agencies' "legislative rules," this rule is as

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

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

There are no limits to the information that an administrative agency can demand from an individual or organization.

The Regulatory Flexibility Act has helped reduce record-keeping bur?dens for Hometown Gas Company and other small business firms in the area of

Like statutory law,administrative law is created by legislatures.

Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA).The administra?tive law judge or?ders Guard to comply with the TSA's regulations.Guard may

A court will not review an administrative agency's decision until the case is "ripe for review."

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a pres?iden?tial veto of

The Federal Aviation Administration uses notice-and-comment rulemak?ing.The final rule in such a proceeding is sometimes referred to as

Administrative agencies-like the Securities and Exchange Commission,the Federal Trade Commission,and the Food and Drug Administration-make rules.What are the two basic types of rules called,and how bind?ing are they? What must an administrative rule NOT do?

If the meaning of a statute's language is unclear and an agency interprets it,a court must overturn the interpretation.

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

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