Question 1

When a state administrative regulation conflicts with a federal administrative regulation

Accepted Answer

A)   the federal regulation takes precedence .
B)   the state regulation takes precedence.
C)   the regulations are mutually invalid.
D)   the regulations are equally valid.E) A) and B)
F) A) and C)

Question 2

Administrative agencies can conduct searches without warrants in

Accepted Answer

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

Question 3

An administrative law judge does not have the power to make determinations of fact.

Accepted Answer

A) True 
 B)False

Question 4

I ndependent regulatory agencies such as the Federal Communications Commission are

Accepted Answer

A)   not part of the government's executive branch.
B)   outside the federal executive departments.
C)   subagencies within the cabinet departments.
D)   cabinet departments within the executive branch.E) B) and D)
F) B) and C)

Question 5

The basic functions of an administrative agency include

Accepted Answer

A)   adjudication.
B)   declaration.
C)   certification.
D)   proclamation.E) A) and B)
F) A) and C)

Question 6

Independent regulatory agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 7

In determining whether an agency is abusing its discretion in its pursuit of information in an investigation, a court will consider the relevance of the information being sought by the agency in a subpoena.

Accepted Answer

A) True 
 B)False

Question 8

A meeting of a federal administrative agency may be closed to public observation if the meeting involves matters relating to future litigation.

Accepted Answer

A) True 
 B)False

Question 9

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

In formulating new rules, a federal administrative agency has to follow specific rulemaking procedures. The most commonly used procedure is notice-and-comment rulemaking, which consists of three steps-notice of the proposed rulemaking, a comment period, and the final rule. The notice of the proposed rulemaking proceeding is published in the Federal Register . The notice states where and when the proceedings will be held, the agency's legal authority for making the rule, and the terms or subject matter of the proposed rule. Following publication of the notice, the agency must allow time for persons to comment in writing on the proposed rule. (If a hearing is held, the comments may be oral.) The agency need not respond to all comments, but it must respond to any significant comments that bear directly on the proposed rule. 
Thus, if Guitar Maker's comments are significant, OSHA must take them into consideration. OSHA can respond by either modifying its final rule or explaining, in a statement accompanying the rule, why it did not make any changes. 
After the agency reviews the comments, it drafts the final rule and publishes it in the Federal Register . Later, the rule is compiled with those rules of other federal agencies in the Code of Federal Regulations .

Question 10

There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.

Accepted Answer

A) True 
 B)False

Question 11

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

Accepted Answer

A)   Congress.
B)   administrative agencies that oversee agricultural products.
C)   the United States Supreme Court.
D)   the president of the United States.E) A) and D)
F) None of the above

Question 12

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

Accepted Answer

A)   agree not to reveal any trade secrets.
B)   reasonably describe the information.
C)   get a court order.
D)   obtain the businesspersons' consent.E) None of the above
F) A) and B)

Question 13

The Food and Drug Administration (FDA)  wants Pharma Inc. to produce certain records for review. Pharma need not reveal

Accepted Answer

A)   incriminating information.
B)   files that are not otherwise required by law.
C)   facts that could be used against the firm in a court.
D)   trade secrets.E) B) and D)
F) C) and D)

Question 14

The Federal Trade Commission is an independent regulatory agency. Its principal duties include

Accepted Answer

A)   regulating the nation's stock exchanges.
B)   regulating all communications.
C)   preventing businesses from engaging in unfair trade practices.
D)   working to eliminate discrimination in employment.E) B) and C)
F) None of the above C

Question 15

An administrative law judge's decision on a dispute over an administrative action is the final order of the agency-no appeal is possible.

Accepted Answer

A) True 
 B)False

Question 16

Congress cannot review new federal regulations before they take effect.

Accepted Answer

A) True 
 B)False

Question 17

Agencies can make rules but they are not as legally binding as laws passed by Congress.

Accepted Answer

A) True 
 B)False

Question 18

An agency may not exceed the power that Congress gives to it through enabling legislation.

Accepted Answer

A) True 
 B)False

Question 19

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, 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 rulemaking.
D)   all of the choices.E) None of the above
F) A) and D)

Question 20

Agencies' powers include functions associated with the executive branch.

Accepted Answer

A) True 
 B)False  True

Exam 41: Administrative Law

When a state administrative regulation conflicts with a federal administrative regulation

Correct Answer
verified

Administrative agencies can conduct searches without warrants in

Correct Answer
verified

An administrative law judge does not have the power to make determinations of fact.

Correct Answer
verified

I ndependent regulatory agencies such as the Federal Communications Commission are

Correct Answer
verified

The basic functions of an administrative agency include

Correct Answer
verified

Independent regulatory agencies are outside the federal executive departments.

Correct Answer
verified

In determining whether an agency is abusing its discretion in its pursuit of information in an investigation, a court will consider the relevance of the information being sought by the agency in a subpoena.

Correct Answer
verified

A meeting of a federal administrative agency may be closed to public observation if the meeting involves matters relating to future litigation.

Correct Answer
verified

There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.

Correct Answer
verified

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

Correct Answer
verified

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

Correct Answer
verified

The Food and Drug Administration (FDA) wants Pharma Inc. to produce certain records for review. Pharma need not reveal

Correct Answer
verified

The Federal Trade Commission is an independent regulatory agency. Its principal duties include

Correct Answer
verified
C

An administrative law judge's decision on a dispute over an administrative action is the final order of the agency-no appeal is possible.

Correct Answer
verified

Congress cannot review new federal regulations before they take effect.

Correct Answer
verified

Agencies can make rules but they are not as legally binding as laws passed by Congress.

Correct Answer
verified

An agency may not exceed the power that Congress gives to it through enabling legislation.

Correct Answer
verified

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

Correct Answer
verified

Agencies' powers include functions associated with the executive branch.

Correct Answer
verified
True

Exam 41: Administrative Law

When a state administrative regulation conflicts with a federal administrative regulation

Correct AnswerverifiedShow Answer

Administrative agencies can conduct searches without warrants in

Correct AnswerverifiedShow Answer

An administrative law judge does not have the power to make determinations of fact.

Correct AnswerverifiedShow Answer

I ndependent regulatory agencies such as the Federal Communications Commission are

Correct AnswerverifiedShow Answer

The basic functions of an administrative agency include

Correct AnswerverifiedShow Answer

Independent regulatory agencies are outside the federal executive departments.

Correct AnswerverifiedShow Answer

In determining whether an agency is abusing its discretion in its pursuit of information in an investigation, a court will consider the relevance of the information being sought by the agency in a subpoena.

Correct AnswerverifiedShow Answer

A meeting of a federal administrative agency may be closed to public observation if the meeting involves matters relating to future litigation.

Correct AnswerverifiedShow Answer

There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.

Correct AnswerverifiedShow Answer

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Food and Drug Administration (FDA) wants Pharma Inc. to produce certain records for review. Pharma need not reveal

Correct AnswerverifiedShow Answer

The Federal Trade Commission is an independent regulatory agency. Its principal duties include

Correct AnswerverifiedC

An administrative law judge's decision on a dispute over an administrative action is the final order of the agency-no appeal is possible.

Correct AnswerverifiedShow Answer

Congress cannot review new federal regulations before they take effect.

Correct AnswerverifiedShow Answer

Agencies can make rules but they are not as legally binding as laws passed by Congress.

Correct AnswerverifiedShow Answer

An agency may not exceed the power that Congress gives to it through enabling legislation.

Correct AnswerverifiedShow Answer

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

Correct AnswerverifiedShow Answer

Agencies' powers include functions associated with the executive branch.

Correct AnswerverifiedTrue

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C

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True