Question 1

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 website.E) C) and D)
F) A) and D) C

Question 2

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

Accepted Answer

A)   changed the agency's prior policy without justification.
B)   followed a consideration of all legally appropriate factors.
C)   was accompanied by a rational explanation.
D)   was plainly warranted by the evidence.E) A) and C)
F) A) and B)

Question 3

Independent 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) A) and B)
F) A) and D)

Question 4

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

Accepted Answer

A)   refuse to comply with the agency decision.
B)   petition other interested parties to oppose the decision.
C)   exhaust all possible administrative remedies.
D)   publish its opposition in the Federal Register.E) None of the above
F) C) and D)

Question 5

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

Accepted Answer

A)   after a court affirms it.
B)   until the issuing agency rescinds it.
C)   once Congress approves it.
D)   unless a court overturns it.E) A) and D)
F) All of the above

Question 6

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) None of the above
F) A) and C) A

Question 7

Guitar Gear 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 Gear uses in its operations. Guitar Gear 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 admi...

Question 8

The Financial Stability Oversight Council was created in response to a financial crisis to

Accepted Answer

A)   identify and respond to emerging risks in the financial system.
B)   protect consumers from abusive practices by financial institutions.
C)   issue rules to cover almost every aspect of a business's operation.
D)   reduce the number and authority of business financial regulations.E) A) and C)
F) A) and B)

Question 9

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 10

Data Inc. 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)   a court, through the adjudicatory process.
C)   an administrative agency, through administrative regulations.
D)   the president, through an executive order.E) C) and D)
F) A) and B)

Question 11

The Environmental Protection Agency (EPA)  discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

Accepted Answer

A)   issue a formal complaint.
B)   do nothing.
C)   take the matter to the U.S. Supreme Court.
D)   immediately impose sanctions.E) A) and D)
F) None of the above

Question 12

The rules of administrative agencies can be

Accepted Answer

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) A) and C)
F) A) and D)

Question 13

To be assured that a court will defer to an administrative agency's interpretation of the law, the agency must

Accepted Answer

A)   meet the formal legal standards for notice-and-comment rulemaking.
B)   exhaust all administrative remedies.
C)   make its records available online and in other electronic formats.
D)   open every portion of every meeting to public observation.E) B) and C)
F) A) and D)

Question 14

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) B) and C)

Question 15

In the absence of a challenge, an agency action may be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law."

Accepted Answer

A) True 
 B)False

Question 16

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 B)
F) B) and C)

Question 17

The Federal Trade Commission Act granted the Federal Trade Commission the power to

Accepted Answer

A)   oversee the nation's stock exchanges.
B)   regulate specific areas of business and industry.
C)   prevent businesses from engaging in unfair trade practices.
D)   work to eliminate discrimination in skilled occupations.E) None of the above
F) A) and B)

Question 18

The Federal Emergency Management Agency (FEMA)  discovers that Rescue 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) All of the above
F) A) and B) A

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 23: Administrative Agencies

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

Correct Answer
verified
C

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

Correct Answer
verified

Independent regulatory agencies such as the Federal Communications Commission are

Correct Answer
verified

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

Correct Answer
verified

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

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
A

Correct Answer
verified
In formulating new rules, a federal admi...
View Answer

The Financial Stability Oversight Council was created in response to a financial crisis to

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

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

Correct Answer
verified

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

Correct Answer
verified

The rules of administrative agencies can be

Correct Answer
verified

To be assured that a court will defer to an administrative agency's interpretation of the law, the agency must

Correct Answer
verified

When a state administrative regulation conflicts with a federal administrative regulation

Correct Answer
verified

In the absence of a challenge, an agency action may be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law."

Correct Answer
verified

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

Correct Answer
verified

The Federal Trade Commission Act granted the Federal Trade Commission the power to

Correct Answer
verified

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

Correct Answer
verified
A

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

Correct Answer
verified

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

Correct Answer
verified

Exam 23: Administrative Agencies

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

Correct AnswerverifiedC

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

Correct AnswerverifiedShow Answer

Independent regulatory agencies such as the Federal Communications Commission are

Correct AnswerverifiedShow Answer

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

Correct AnswerverifiedShow Answer

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

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 AnswerverifiedA

Correct AnswerverifiedIn formulating new rules, a federal admi...View AnswerShow Answer

The Financial Stability Oversight Council was created in response to a financial crisis to

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

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

Correct AnswerverifiedShow Answer

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

Correct AnswerverifiedShow Answer

The rules of administrative agencies can be

Correct AnswerverifiedShow Answer

To be assured that a court will defer to an administrative agency's interpretation of the law, the agency must

Correct AnswerverifiedShow Answer

When a state administrative regulation conflicts with a federal administrative regulation

Correct AnswerverifiedShow Answer

In the absence of a challenge, an agency action may be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law."

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Federal Trade Commission Act granted the Federal Trade Commission the power to

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedA

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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C

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A

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In formulating new rules, a federal admi...
View Answer

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A

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