Question 1

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

Accepted Answer

A)  ​Congress. 
B)  ​federal administrative agencies that oversee agricultural products. 
C)  ​the United States Supreme Court. 
D)  ​the president of the United States.

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Some federal agencies are not subject to the requirements of the Administrative Procedure Act.​

Accepted Answer

A) True 
 B)False

Question 4

Congress can review new federal regulations before they take effect.​

Accepted Answer

A) True 
 B)False

Question 5

The Environmental Protection Agency (EPA) discovers that Fish Farms, Inc. has violated an EPA regulation. If no settlement is reached, the EPA can​

Accepted Answer

A)  ​issue a formal complaint against Fish Farms. 
B)  ​do nothing. 
C)  ​take the matter to the U.S. Supreme Court. 
D)  ​immediately impose sanctions on Fish Farms.

Question 6

The functions of the Social Security Administration, like those of other administrative agencies, include​

Accepted Answer

A)  ​adjudication. 
B)  ​declaration. 
C)  ​enunciation. 
D)  ​pronunciation.

Question 7

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

Accepted Answer

A)  ​must be specific and adequately describe the material being sought. 
B)  ​must not be specific or an incriminating item might be overlooked. 
C)  ​must be general so as to force an uncooperative party's compliance. 
D)  ​may, but need not, be specific because this is only an investigation.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

The meeting of a federal administrative agency can be closed to public observation at the discretion of the agency.​

Accepted Answer

A) True 
 B)False

Question 10

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

Accepted Answer

A)  ​an order for specific performance. 
B)  ​a rule for parol evidence. 
C)  ​a formal complaint. 
D)  ​a subpoena.

Question 11

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.

Question 12

A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.​

Accepted Answer

A) True 
 B)False

Question 13

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The first step is to​

Accepted Answer

A)  ​compile the rule with others in the Code of Federal Regulations. 
B)  ​conduct an on-site inspection. 
C)  ​publish a notice of the proposed rulemaking. 
D)  ​solicit public comment.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

An administrative law judge does not have the power to rule on questions of evidence.​

Accepted Answer

A) True 
 B)False

Question 16

The Nuclear Regulatory Commission is an independent regulatory agency. Its basic functions include making rules, investigating activities that it regulates, enforcing its rules and adjudicating disputes. All of these functions are part of​

Accepted Answer

A)  ​the judicial process. 
B)  ​the legislative process. 
C)  ​the administrative process. 
D)  ​the executive process.

Question 17

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

The answer of Friend2Friend, Inc., a social network provider, is...

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

The answer of Guitar Maker, Inc., makes guitars. The Occupational...

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must​

Accepted Answer

A)  ​agree not to reveal any trade secrets. 
B)  ​reasonably describe the information. 
C)  ​get a court order. 
D)  ​have the subjects' permission.

Exam 43: Administrative Agencies

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

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

Some federal agencies are not subject to the requirements of the Administrative Procedure Act.​

Congress can review new federal regulations before they take effect.​

The Environmental Protection Agency (EPA) discovers that Fish Farms, Inc. has violated an EPA regulation. If no settlement is reached, the EPA can​

The functions of the Social Security Administration, like those of other administrative agencies, include​

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

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

The meeting of a federal administrative agency can be closed to public observation at the discretion of the agency.​

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

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

A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.​

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The first step is to​

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

An administrative law judge does not have the power to rule on questions of evidence.​

The Nuclear Regulatory Commission is an independent regulatory agency. Its basic functions include making rules, investigating activities that it regulates, enforcing its rules and adjudicating disputes. All of these functions are part of​

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

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must​

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on

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

Some federal agencies are not subject to the requirements of the Administrative Procedure Act.

Congress can review new federal regulations before they take effect.

The Environmental Protection Agency (EPA) discovers that Fish Farms, Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

The functions of the Social Security Administration, like those of other administrative agencies, include

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

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

The meeting of a federal administrative agency can be closed to public observation at the discretion of the agency.

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue

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

A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The first step is to

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

An administrative law judge does not have the power to rule on questions of evidence.

The Nuclear Regulatory Commission is an independent regulatory agency. Its basic functions include making rules, investigating activities that it regulates, enforcing its rules and adjudicating disputes. All of these functions are part of

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

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must