Question 1

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

Accepted Answer

A) True 
 B)False

Question 2

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)   a cost-benefit analysis is applied to determine which takes precedence.
D)   the regulations are equally valid within their jurisdictions.E) All of the above
F) None of the above

Question 3

An informal agency action can be important because it warns regulated entities that the agency may engage in formal rulemaking if its informal policy is ignored.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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 6

The procedures used by administrative agencies in fulfilling their basic functions is known as

Accepted Answer

A)   the procedural process.
B)   the legislative process.
C)   the administrative process.
D)   the executive process.E) A) and B)
F) A) and C)

Question 7

Preventing agencies from abusing their powers without hindering the agencies as they carry out their duties is not a governmental concern.

Accepted Answer

A) True 
 B)False

Question 8

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) A) and C)
F) B) and C)

Question 9

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

Accepted Answer

A)   compile the rule with others in the Code of Federal Regulations.
B)   draft the rule.
C)   publish a notice of the proposed rulemaking.
D)   solicit public comment.E) A) and B)
F) C) and D)

Question 10

As the economy has grown more complex, the size of the government has also increased, and so has the number of administrative agencies.

Accepted Answer

A) True 
 B)False

Question 11

The Federal Trade Commission (FTC)  orders General Sales Company to reveal certain information. The firm 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.E) All of the above
F) A) and B)

Question 12

Information is relevant to an administrative investigation if it assures the agency that the law is not being violated.

Accepted Answer

A) True 
 B)False

Question 13

Congress can review new federal regulations only after they take effect.

Accepted Answer

A) True 
 B)False

Question 14

An agency's interpretation of the law will not be upheld by a court unless it is supported by specific evidence-a reasonable explanation is not enough.

Accepted Answer

A) True 
 B)False  False

Question 15

During an administrative hearing, the parties may

Accepted Answer

A)   give testimony.
B)   present evidence.
C)   cross-examine witnesses.
D)   all of the choices.E) A) and B)
F) A) and C)

Question 16

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

Accepted Answer

A) True 
 B)False

Question 17

After a final rule is issued, an administrative agency conducts investigations to monitor

Accepted Answer

A)   consumer satisfaction with the rule.
B)   affected businesses' satisfaction with the rule.
C)   compliance with the rule.
D)   the impact of the rule on other administrative agencies.E) A) and C)
F) A) and B) C

Question 18

Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.

Accepted Answer

A) True 
 B)False

Question 19

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

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.E) B) and D)
F) None of the above

Exam 37: Administrative Law

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

Correct Answer
verified

When a state administrative regulation conflicts with a federal administrative regulation

Correct Answer
verified

An informal agency action can be important because it warns regulated entities that the agency may engage in formal rulemaking if its informal policy is ignored.

Correct Answer
verified

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

Correct Answer
verified

The procedures used by administrative agencies in fulfilling their basic functions is known as

Correct Answer
verified

Preventing agencies from abusing their powers without hindering the agencies as they carry out their duties is not a governmental concern.

Correct Answer
verified

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

Correct Answer
verified

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

Correct Answer
verified

As the economy has grown more complex, the size of the government has also increased, and so has the number of administrative agencies.

Correct Answer
verified

The Federal Trade Commission (FTC) orders General Sales Company to reveal certain information. The firm 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

Correct Answer
verified

Information is relevant to an administrative investigation if it assures the agency that the law is not being violated.

Correct Answer
verified

Congress can review new federal regulations only after they take effect.

Correct Answer
verified

An agency's interpretation of the law will not be upheld by a court unless it is supported by specific evidence-a reasonable explanation is not enough.

Correct Answer
verified
False

During an administrative hearing, the parties may

Correct Answer
verified

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

Correct Answer
verified

After a final rule is issued, an administrative agency conducts investigations to monitor

Correct Answer
verified
C

Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Exam 37: Administrative Law

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

Correct AnswerverifiedShow Answer

When a state administrative regulation conflicts with a federal administrative regulation

Correct AnswerverifiedShow Answer

An informal agency action can be important because it warns regulated entities that the agency may engage in formal rulemaking if its informal policy is ignored.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The procedures used by administrative agencies in fulfilling their basic functions is known as

Correct AnswerverifiedShow Answer

Preventing agencies from abusing their powers without hindering the agencies as they carry out their duties is not a governmental concern.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

Correct AnswerverifiedShow Answer

As the economy has grown more complex, the size of the government has also increased, and so has the number of administrative agencies.

Correct AnswerverifiedShow Answer

The Federal Trade Commission (FTC) orders General Sales Company to reveal certain information. The firm 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

Correct AnswerverifiedShow Answer

Information is relevant to an administrative investigation if it assures the agency that the law is not being violated.

Correct AnswerverifiedShow Answer

Congress can review new federal regulations only after they take effect.

Correct AnswerverifiedShow Answer

An agency's interpretation of the law will not be upheld by a court unless it is supported by specific evidence-a reasonable explanation is not enough.

Correct AnswerverifiedFalse

During an administrative hearing, the parties may

Correct AnswerverifiedShow Answer

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

Correct AnswerverifiedShow Answer

After a final rule is issued, an administrative agency conducts investigations to monitor

Correct AnswerverifiedC

Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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False

Correct Answer
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Correct Answer
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Correct Answer
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C

Correct Answer
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Correct Answer
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Correct Answer
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