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Exam 23: Administrative Agencies

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Question 31

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An agency must conduct a regulatory flexibility analysis whenever a new regulation will significantly impact a substantial number of small businesses.

A) True
B) False

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Question 32

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The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review. The EPA can gain access to the records through

A) an order for specific performance.
B) a rule for parol evidence.
C) a formal complaint.
D) a subpoena.

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

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Question 33

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Under the Administrative Procedure act, a party seeking judicial review of an agency decision must first exhaust all administrative remedies.

Final rules do not have binding legal effect until the courts confirm them.

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.

After final rules are issued, administrative agencies no longer conduct investigations of the entities that they regulate.

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

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

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

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

Retail Stores Inc. pays taxes collected by the appropriate state agencies. Like other state administrative agencies, these agencies were created by

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except

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

A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is

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

During an administrative hearing, the parties may

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

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

Administrative regulations have benefits, but the benefits can entail considerable costs for business.

Administrative agencies can conduct searches without warrants in