Question 1

Armando is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an administrative law judge if he is served with

Accepted Answer

A) an order for specific performance. 
B) an executive order. 
C) a subpoena. 
D) a search warrant.

Question 2

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 3

The functions of the Social Security Administration,like those of other adminis-trative agencies,include

Accepted Answer

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

Question 4

The judicial branch exercises control over administrative agencies through its review of agency actions.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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 7

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies,the IRS was created by

Accepted Answer

A) Congress,through enabling legislation. 
B) the courts,through the adjudicatory process. 
C) the U.S. Constitution,in Article I,Section 8. 
D) the president,through an executive order.

Question 8

Federal executive agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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 Safety and...

Question 11

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 12

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Accepted Answer

A) True 
 B)False

Question 13

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely,Nursing Home Care will be required to appear at a hearing presided over by

Accepted Answer

A) a federal appellate court judge. 
B) a federal district court judge. 
C) an administrative law judge. 
D) a U.S. Marshal.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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 16

The Federal Trade Commission (FTC)orders Retail Empire Inc. to reveal certain information. Retail Empire 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

Accepted Answer

A) compel a party to testify,but not to obtain documents. 
B) obtain any information except what a party refuses to reveal. 
C) harass an uncooperative business or individual. 
D) reveal regulatory violations.

Question 17

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

Accepted Answer

A) Congress's attempt to modify the agency's authority. 
B) the agency's final rules. 
C) the agency's final orders. 
D) none of the choices.

Question 18

Omega Company operates a computer chip production plant. Paula is the president of Omega. Ron,a representative of the Occupational Safety and Health Administration,inspects the plant and,citing a certain regulation,orders Omega to take specified steps immediately to improve sanitation at the plant. Paula believes that Ron is either exceeding his authority or that the regulation Ron claims to be enforcing is excessive. Can Omega ask a court for an order to stop enforcement of the regulation? If not,what can Omega do?

Accepted Answer

The answer of Omega Company operates a computer chip production...

Question 19

The Food and Drug Administration (FDA)wants PharmaQuik,Inc. to produce certain records for review. The FDA can gain access to the records through

Accepted Answer

A) agency coercion. 
B) infiltrating PharmaQuik's computers without the firm's knowledge. 
C) public comment. 
D) PharmaQuik's voluntary compliance.

Question 20

The president can appoint and remove officers from executive agencies.

Accepted Answer

A) True 
 B)False

Exam 37: Administrative Law

Armando is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an administrative law judge if he is served with

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

The functions of the Social Security Administration,like those of other adminis-trative agencies,include

The judicial branch exercises control over administrative agencies through its review of agency actions.

A subpoena duces tecum 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

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS) . Like other federal administrative agencies,the IRS was created by

Federal executive agencies are outside the federal executive departments.

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

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

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely,Nursing Home Care will be required to appear at a hearing presided over by

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

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

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire 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

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

The Food and Drug Administration (FDA) wants PharmaQuik,Inc. to produce certain records for review. The FDA can gain access to the records through

The president can appoint and remove officers from executive agencies.