Question 1

Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations.

Accepted Answer

A) True 
 B)False

Question 2

Closed meetings of the National Security Agency 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 liti?ga?tion or rulemaking. 
D)  all of the choices.

Question 3

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

Accepted Answer

A)  an actual controversy at issue. 
B)  standing to sue. 
C)  the exhaustion doctrine. 
D)  the ripeness doctrine.

Question 4

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically modified agricultural and animal products should con?cen?trate their lobbying ef?forts on

Accepted Answer

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

Question 5

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Accepted Answer

A) True 
 B)False

Question 6

A failure of the U.S. Drug Enforcement Administration 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.

Question 7

The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

Accepted Answer

A)  issue a formal complaint against Grosse Farm. 
B)  do nothing. 
C)  file a petition with the U.S. Supreme Court. 
D)  impose immediate sanctions on Grosse Farm.

Question 8

Unlike statutes, administrative regulations do not have a binding effect.

Accepted Answer

A) True 
 B)False

Question 9

Anyone can submit comments on a proposed administrative rule.

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 sub?stantial compliance costs without significantly increasing workplace safety. The firm 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?

Accepted Answer

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

Question 11

Personnel Employment, Inc., has been ordered to appear at a hearing be?fore an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that

Accepted Answer

A)  attorneys are not allowed to attend administrative hearings. 
B)  clients are not allowed to communicate with their attorneys dur?ing adminis?trative hearings. 
C)  hearsay can be introduced as evidence in an administrative hearing. 
D)  the burden of proof is on the charged party to prove innocence.

Question 12

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Accepted Answer

A)  followed a consideration of legally appropriate factors. 
B)  justifiably changed the agency's prior policy. 
C)  was accompanied by a rational explanation. 
D)  was plainly contrary to the evidence.

Question 13

A party can be directly prosecuted for violating an administrative agency's interpretive rule or guidance document.

Accepted Answer

A) True 
 B)False

Question 14

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

Accepted Answer

A)  a negotiated settlement. 
B)  a trial and a fine. 
C)  a trial and an appeal to a higher authority. 
D)  a trial and the dissolution of the business.

Question 15

In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts

Accepted Answer

A)  are usually reluctant to review questions of fact. 
B)  rarely defer to the technical expertise of administrative agencies. 
C)  often rule on the merits of policy determinations. 
D)  never defer to an agency's interpretation of law.

Question 16

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except

Accepted Answer

A)  measure the cost that the rule will impose on small businesses. 
B)  consider less burdensome alternatives. 
C)  conduct a regulatory flexibility analysis. 
D)  adjust the rule to the satisfaction of the regulated businesses.

Question 17

Warrants are required to conduct administrative searches in all highly regulated industries.

Accepted Answer

A) True 
 B)False

Question 18

Administrative agencies generally have no discretion over the type of hearing procedures that they use.

Accepted Answer

A) True 
 B)False

Question 19

There are no significant differences between a trial and an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 20

Federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation.

Accepted Answer

A) True 
 B)False

Exam 43: Administrative Agencies

Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations.

Closed meetings of the National Security Agency and other federal administrative agencies are permitted when

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

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically modified agricultural and animal products should con?cen?trate their lobbying ef?forts on

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

A failure of the U.S. Drug Enforcement Administration to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

Unlike statutes, administrative regulations do not have a binding effect.

Anyone can submit comments on a proposed administrative rule.

Personnel Employment, Inc., has been ordered to appear at a hearing be?fore an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

A party can be directly prosecuted for violating an administrative agency's interpretive rule or guidance document.

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except

Warrants are required to conduct administrative searches in all highly regulated industries.

Administrative agencies generally have no discretion over the type of hearing procedures that they use.

There are no significant differences between a trial and an administrative hearing.

Federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation.