Exam 43: Administrative Law

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?

An administrative agency will generally initiate an administrative ac?tion against an organization by undertaking formal adjudication.

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

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Administrative agencies do not have rule-making powers.

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

Power-Plus Battery Company (PPBC) makes batteries for motor vehicles. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of ac?ids in the workplace, including chemi?cals PPBC uses in its operations. PPBC concludes that the rule will involve sub?stantial compliance costs without significantly increasing workplace safety. PPBC sends a letter to OSHA indicating its objections to the pro?posed rule and enclosing research reports and other data sup?porting those objections. Does OSHA have any obligation to consider these objec?tions? What procedures must OSHA follow when it makes new rules, such as this one?

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemak?ing. This involves a period during which

There are requirements for formal administra?tive rulemaking.

Administrative agencies create administrative law.

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

To challenge an agency action, a party must have at least an abstract disagreement over an administrative policy.

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

An administrative agency cannot conduct a search without a warrant.

Independent regulatory agencies such as the Federal Trade Commission are

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the informa?tion, Jay must

Administrative agencies have adjudicatory powers.

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

Administrative agencies may be required to show that in?forma?tion re?quested during the course of an investigation is relevant.