question

Like statutory law, administrative law is created by legislatures.

answer

False

question

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

answer

True

question

Business has little incentive to try to influence the regulatory environment through lobbying.

answer

False

question

Federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation.

answer

False

question

Legislative rules simply declare policy and do not affect legal rights or obligations.

answer

Flase

question

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

answer

True

question

An administrative rule may be arbitrary and capricious if the agency failed to provide a rational explanation for its decision.

answer

True

question

All federal agencies must follow specific procedural requirements when fulfilling their basic functions.

answer

True

question

Unlike statutes, administrative regulations do not have a binding effect.

answer

False

question

Anyone can submit comments on a proposed administrative rule.

answer

True

question

A party can be directly prosecuted for violating an administrative agency's interpretive rule or guidance document.

answer

False

question

When the meaning of a statute's language is unclear and an agency interprets it, a court need not follow the interpretation even if it is reasonable.

answer

False

question

Few agency rules require considerable compliance reporting from regulated entities.

answer

False

question

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

answer

False

question

Warrants are required to conduct administrative searches in all highly regulated industries.

answer

False

question

Administrative agencies generally have no discretion over the type of hearing procedures that they use.

answer

False

question

There are no significant differences between a trial and an administrative hearing.

answer

False

question

All federal government agencies must make their records available electronically on the Internet and in other electronic formats.

answer

True

question

A federal administrative agency must alert small businesses—through advertising in trade journals, for example—about forthcoming regulations.

answer

True

question

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

answer

True

question

Therapeutic Pharmaceutical Company is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

answer

administrative law.

question

State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation

answer

the federal regulation takes precedence.

question

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

answer

Congress, through enabling legislation.

question

Persons who favor the creation of a federal biotech agency to regu¬late the production of genetically modified agricultural and animal products should con¬cen¬trate their lobbying ef¬forts on

answer

Congress

question

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is

answer

a delegation of legislative power.

question

Grid Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Grid Tools wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

answer

the exhaustion doctrine.

question

The functions of the National Transportation Safety Board, like those of other federal adminis¬trative agencies, include

answer

adjudication.

question

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

answer

was plainly contrary to the evidence.

question

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. This process begins with

answer

the publication of a notice of proposed rule-making.

question

To notify the public of a proposed rule, the U.S. Office of Labor-Management Standards, like other federal agencies, publishes the proposal in

answer

the Code of Federal Regulations.

question

In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts

answer

are usually reluctant to review questions of fact.

question

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Omni App Corporation. The USPTO can legitimately gain access to the records through

answer

Omni App's voluntary compliance.

question

Armando is a witness in a contro¬versy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an adminis¬trative law judge if he is served with

answer

a subpoena.

question

The U.S. Food Safety and Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

answer

highly regulated industries.

question

The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

answer

issue a formal complaint against Grosse Farm.

question

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

answer

a negotiated settlement.

question

Personnel Employment, Inc., has been ordered to appear at a hearing be¬fore an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that

answer

hearsay can be introduced as evidence in an administrative hearing.

question

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

answer

adjust the rule to the satisfaction of the regulated businesses.

question

A failure of the U.S. Drug Enforcement Administration to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

answer

a federal district court.

question

Closed meetings of the National Security Agency and other federal administrative agencies are permitted when

answer

-the subject of the meeting concerns accusing a person of a crime. -open meetings would frustrate the implementation of future actions. -the subject of the meeting involves matters relating to future litigation or rule-making.

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