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Exam 20: Administrative Law

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Question 31

True/False

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Congress can exercise authority over the power of an administrative agency by revising its funding,changing its responsibilities,or abolishing it altogether.

A) True
B) False

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Question 32

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The rules of administrative agencies can be

A) as binding as laws passed by Congress.
B) only as persuasive as experts' opinions.
C) merely as suggestive as media commentary.
D) no more influential than promotional puffery.

E) B) and D)
F) A) and B)

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Question 33

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

Administrative agencies lack the time,the resources,and the expertise to make the detailed decisions required for regulation.

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

For an agency's interpretation of the law to be accorded deference by a court,it must meet the formal standards for notice-and-comment rulemaking.

Independent regulatory agencies such as the Federal Communications Commission are

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.

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

An administrative law judge does not have the power to rule on questions of evidence or to make determinations of fact.

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

A final rule issued through a notice-and-comment rulemaking procedure has binding legal effect

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

If a business firm refuses to comply with an agency request to inspect facilities or business records,the agency may resort to the use of a subpoena.

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

Although executive agencies exist within the cabinet departments of the executive branch,they are not subject to the authority of the president.

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

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

Notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule,commenting on it,and then issuing a rule.

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