Question 1

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. C

Question 2

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.

Accepted Answer

A) True 
 B)False  False

Question 3

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. C

Question 4

The president can appoint and remove officers from executive agencies.

Accepted Answer

A) True 
 B)False

Question 5

The overall benefits of administrative regulations often exceed their costs.

Accepted Answer

A) True 
 B)False

Question 6

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Tools & Hardware is opposed to the decision and wants a court to review it. First, however, the company must​

Accepted Answer

A)   ​refuse to comply with the agency decision.
B)   ​petition other interested parties to oppose the decision.
C)   ​exhaust all possible administrative remedies.
D)   ​publish its opposition in the Federal Register.

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

In most instances, an agency is required to obtain a search warrant before a physical search for evidence is conducted.

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 judicial branch exercises control over administrative agencies through the courts' review of agency actions.

Accepted Answer

A) True 
 B)False

Question 11

The Fourth Amendment protects against unreasonable searches and seizures by agencies.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

There are no situations in which an administrative agency can conduct a warrantless search.

Accepted Answer

A) True 
 B)False

Question 14

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 15

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds, Inc. Whether it is permissible for the SEC to request or review the documents depends on whether the documents are​

Accepted Answer

A)   ​incriminating.
B)   ​relevant.
C)   ​technical.
D)   ​valuable.

Question 16

Independent federal regulatory agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 17

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 18

Interested parties must be given an opportunity to express their views on a proposed rule.

Accepted Answer

A) True 
 B)False

Question 19

Congress typically leaves a statute's implementation to an administrative agency.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A)   ​a federal district court.
B)   ​a hearing before the U.S. Freedom of Information Agency.
C)   ​a meeting with Congress's FOIA subcommittee.
D)   ​a special conference with the president of the United States.

Exam 23: 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​

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.

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​

The president can appoint and remove officers from executive agencies.

The overall benefits of administrative regulations often exceed their costs.

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Tools & Hardware is opposed to the decision and wants a court to review it. First, however, the company must​

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

In most instances, an agency is required to obtain a search warrant before a physical search for evidence is conducted.

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

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.

The Fourth Amendment protects against unreasonable searches and seizures by agencies.

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

There are no situations in which an administrative agency can conduct a warrantless search.

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​

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds, Inc. Whether it is permissible for the SEC to request or review the documents depends on whether the documents are​

Independent federal regulatory agencies are outside the federal executive departments.

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​

Interested parties must be given an opportunity to express their views on a proposed rule.

Congress typically leaves a statute's implementation to an administrative agency.

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

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

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

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Tools & Hardware is opposed to the decision and wants a court to review it. First, however, the company must

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

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds, Inc. Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

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

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