Question 1

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  True

Question 2

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

Accepted Answer

A) True 
 B)False  False

Question 3

The Federal Highway Administration uses notice-and-comment rulemaking.This process begins with

Accepted Answer

A)  a request to Congress to enact enabling legislation.
B)  the filing of a complaint against a charged party.
C)  the publication of a notice of proposed rulemaking.
D)  the solicitation of public comments. C

Question 4

Seafood Restaurant Company 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,through the _ Amendment.
D)  the U.S.Department of the Treasury,through a final order.

Question 5

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Accepted Answer

A) True 
 B)False

Question 6

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

Accepted Answer

A) True 
 B)False

Question 7

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

Accepted Answer

A)  all industries.
B)  highly regulated industries.
C)  no industries.
D)  newly regulated industries only.

Question 8

Administrative law is created by administrative agencies,not by legislatures.

Accepted Answer

A) True 
 B)False

Question 9

Caleb is a witness in a contro?versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis?trative law judge if he is served with

Accepted Answer

A)  an order for specific performance.
B)  a rule for parol evidence.
C)  a subpoena.
D)  a politely worded request.

Question 10

Labor Recruiters,Inc. ,has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board.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 11

In reviewing the actions of the U.S.Office of Nuclear Energy and other 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 12

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx 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 13

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 14

All federal government agencies must make their records available electronically on the Internet.

Accepted Answer

A) True 
 B)False

Question 15

Power-Plus Battery Company (PPBC)makes batteries for motor vehicles.The Occupational Safety and Health Administration (OSHA)proposes a safety rule governing the handling of ac?ids in the workplace,including chemi?cals PPBC uses in its operations.PPBC concludes that the rule will involve sub?stantial compliance costs without significantly increasing workplace safety.PPBC 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 Power-Plus Battery Company (PPBC)makes batteries for motor...

Question 16

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

Accepted Answer

A) True 
 B)False

Question 17

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically altered agricultural products should con?cen?trate their lobbying ef?forts 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 18

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Accepted Answer

A) True 
 B)False

Question 19

The U.S.Patent and Trademark Office (USPTO)wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Accepted Answer

A)  agency coercion.
B)  infiltrating Verity's computers without the firm's knowledge.
C)  public comment.
D)  Verity's consent.

Question 20

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Accepted Answer

A) True 
 B)False

Exam 44: A: Administrative Law

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

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

The Federal Highway Administration uses notice-and-comment rulemaking.This process begins with

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies,the IRS was created by

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

Administrative law is created by administrative agencies,not by legislatures.

Caleb is a witness in a contro?versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis?trative law judge if he is served with

Labor Recruiters,Inc. ,has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board.A significant difference between a trial and an administrative hearing is that

In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts

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

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

All federal government agencies must make their records available electronically on the Internet.

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

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

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.