Exam 44: Administrative Law

The Internal Revenue Service (IRS) wants to seize certain documents of Mortgage Bank, Inc. Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

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

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

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.

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 binding are they What must an administrative rule NOT do

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

Like statutory law, administrative law is created by legislatures.

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

If an investigation reveals a suspected violation of an administrative rule, the agency can not issue a formal complaint against the suspected violator.

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

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

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

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to setttle the dispute, before formal adjudicatory proceedings begin, to avoid

The Federal Trade Commission (FTC) orders GR8 Steaks Company to reveal certain information. GR8 Steaks complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

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

Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations, so that the firm will know what its competitors may be able to learn about it. Can Grapple require the agencies to disclose whatever information they may have concerning it If so, how should the firm make its request What federal law applies Is any information exempt

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

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

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a presidential veto of