Question 1

An agency can make rules that are as legally binding as laws passed by Congress.

Accepted Answer

A) True 
 B)False

Question 2

The Federal Trade Commission (FTC)  is an independent regulatory agency. As such, the FTC is subject to​

Accepted Answer

A)   ​no higher authority.
B)   ​less executive authority than executive agencies.
C)   ​more executive authority than executive agencies.
D)   ​the authority of nongovernmental oversight committees.E) A) and B)
F) All of the above

Question 3

The Occupational Safety and Health Administration (OSHA)  issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​

Accepted Answer

A)   ​determine consumer satisfaction.
B)   ​determine whether affected businesses are satisfied.
C)   ​monitor compliance with the rules.
D)   ​determine what type of agency needs to be created next.E) All of the above
F) B) and D)

Question 4

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

Federal regulations take precedence over conflicting state regulations.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

The Nuclear Regulatory Commission (NRC)  files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid​

Accepted Answer

A)   ​appearing uncooperative.
B)   ​eliminating the need for additional proceedings.
C)   ​rectifying the problem to the NRC's satisfaction.
D)   ​saving the expense of formal proceedings and later appeals.E) C) and D)
F) B) and C)

Question 9

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 10

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision​

Accepted Answer

A)   ​changed the agency's prior policy without justification.
B)   ​followed a consideration of all relevant factors.
C)   ​was accompanied by a rational explanation.
D)   ​was plainly warranted by the evidence.E) None of the above
F) A) and C)

Question 11

The most critical activity of an administrative agency is to spend more funds than are allocated to it.

Accepted Answer

A) True 
 B)False

Question 12

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.E) All of the above
F) A) and B)

Question 13

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.

Accepted Answer

A) True 
 B)False

Question 14

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal​

Accepted Answer

A)   ​through a broadcast on a public television station.
B)   ​in a trade journal available to members of the industry.
C)   ​in the Federal Register.
D)   ​on its Web site.E) None of the above
F) A) and C)

Question 15

The National Security Agency (NSA)  wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

Accepted Answer

A)   ​an order for specific performance.
B)   ​a rule for parol evidence.
C)   ​a formal complaint.
D)   ​a subpoena.E) None of the above
F) A) and B)

Question 16

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

Accepted Answer

A)   ​agree not to reveal any trade secrets.
B)   ​reasonably describe the information.
C)   ​get a court order.
D)   ​have the subjects' permission.E) C) and D)
F) A) and D)

Question 17

The Federal Emergency Management Agency (FEMA)  discovers that Goodnuff Trailers, Inc., is violating a FEMA 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.E) A) and D)
F) A) and C)

Question 18

Most administrative actions are resolved through negotiated settlements at their initial stages, without formal adjudication.

Accepted Answer

A) True 
 B)False

Question 19

Labor Recruiters, Inc., has been ordered to appear at a hearing before 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 during administrative 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.E) A) and B)
F) B) and C)

Question 20

Congress can review new federal regulations before they take effect.

Accepted Answer

A) True 
 B)False

Exam 23: Administrative Agencies

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

Correct AnswerverifiedShow Answer

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.

Correct AnswerverifiedShow Answer

The most critical activity of an administrative agency is to spend more funds than are allocated to it.

Correct AnswerverifiedShow Answer

Congress can review new federal regulations before they take effect.

Correct AnswerverifiedShow Answer

An agency can make rules that are as legally binding as laws passed by Congress.

Correct AnswerverifiedShow Answer

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Federal regulations take precedence over conflicting state regulations.

Correct AnswerverifiedShow Answer

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid​

Correct AnswerverifiedShow Answer

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal​

Correct AnswerverifiedShow Answer

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Most administrative actions are resolved through negotiated settlements at their initial stages, without formal adjudication.

Correct AnswerverifiedShow Answer

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision​

Correct AnswerverifiedShow Answer

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

Correct AnswerverifiedShow Answer

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid

Correct Answer
verified

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal

Correct Answer
verified

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Correct Answer
verified

Correct Answer
verified