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The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of


A) no government official or entity .
B) the president.
C) state legislatures.
D) the U.S. Attorney General

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

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The executive branch of the government can exercise control over an administrative agency through


A) the president's veto powers .
B) legislation that takes away Β the agency's power.
C) judicial review of agency actions and decisions.
D) joint collaboration of the executive and judicial branches.

E) B) and C)
F) C) and D)

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Federal regulations do not take precedence over conflicting state regulations.

A) True
B) False

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Courts are likely to defer to an agency's interpretation of the law.

A) True
B) False

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During an administrative hearing, the parties may


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

E) B) and C)
F) B) and D)

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

A) True
B) False

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A dispute concerning an administrative action may be resolved through a hearing conducted by the agency.

A) True
B) False

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


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) B) and C)
F) C) and D)

Correct Answer

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The basic functions of an administrative agency include monitoring Congress.

A) True
B) False

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The federal government must disclose certain records to any person on request.

A) True
B) False

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Executive agencies are subject to the authority of the president.

A) True
B) False

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The Fourth Amendment prohibits the use of search warrants by administrative agencies.

A) True
B) False

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The basic functions of an administrative agency make up


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

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

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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


A) measure the cost that the rule will impose on small businesses.
B) consider less burdensome alternatives.
C) alert small businesses about forthcoming regulations.
D) adjust the rule to the satisfaction of the regulated businesses.

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

Correct Answer

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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


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

Correct Answer

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The regulations that administrative agencies issue make up the body of agency law .

A) True
B) False

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The purpose of negotiated settlements in disputes over administrative actions is to obtain funds to defray the agency's operating costs .

A) True
B) False

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

A) True
B) False

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


A) a state legislature, through an enabling act .
B) a state court, through the adjudicatory process.
C) a federal administrative agency, through administrative regulations.
D) the state governor, through an executive order.

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

Correct Answer

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There are no limits to what an agency can demand in subpoenas.

A) True
B) False

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