Question 1

Administrative agencies can conduct searches without warrants in

Accepted Answer

A)  all industries.
B)  highly regulated industries.
C)  no industries.
D)  newly regulated industries only.E) None of the above
F) A) and D)

Question 2

Normally, a business firm complies with an agency request to inspect facilities because it is in the firm's interest to maintain good relations with the agency.

Accepted Answer

A) True 
 B)False

Question 3

Omega Company operates a computer chip production plant. Paola is the president of Omega. Rico, a representative of the Occupational Safety and Health Administration, inspects the plant and, citing a certain regulation, orders Omega to take specified steps immediately to improve sanitation at the plant. Paola believes that Rico is either exceeding his authority or that the regulation Rico claims to be enforcing is excessive. Can Omega ask a court for an order to stop enforcement of the regulation? If not, what can Omega do?

Accepted Answer

Omega cannot ask a court for an injuncti...

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A)  adjudication.
B)  declaration.
C)  rulemaking.
D)  investigation.E) B) and D)
F) All of the above

Question 6

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) All of the above

Question 7

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) All of the above
F) B) and D)

Question 8

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 9

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

Accepted Answer

A) True 
 B)False

Question 10

Tia is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tia can be compelled to appear before an administrative law judge if she is served with

Accepted Answer

A)  an order for specific performance.
B)  an executive order.
C)  a subpoena.
D)  a search warrant.E) All of the above
F) A) and B)

Question 11

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

Accepted Answer

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

Question 12

The Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

Accepted Answer

A)  must be specific and adequately describe the material being sought.
B)  must not be specific or an incriminating item might be overlooked.
C)  must be general so as to force an uncooperative party's compliance.
D)  may, but need not, be specific because this is only an investigation.E) B) and C)
F) A) and C)

Question 13

Under a law addressing public concern over power exercised by federal agencies, the government must disclose certain records to any person on request.

Accepted Answer

A) True 
 B)False

Question 14

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

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

Notice-and-comment rulemaking involves a period during which

Accepted Answer

A)  judges, legislators, and the president are asked about a proposed rule.
B)  potential violators of a proposed rule are notified and publicized.
C)  the administrators "notice" a problem and "comment" on it.
D)  the public is asked to comment on a proposed rule.E) All of the above
F) A) and B)

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Accepted Answer

A)  a federal district court.
B)  a hearing before the U.S. Freedom of Information Agency.
C)  a meeting with Congress's FOIA subcommittee.
D)  a special conference with the president of the United States.E) C) and D)
F) B) and D)

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 40: Administrative Agencies

Correct Answer
verified
Omega cannot ask a court for an injuncti...
View Answer

Tia is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tia can be compelled to appear before an administrative law judge if she is served with

Correct Answer
verified

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

Correct Answer
verified

The Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

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

Notice-and-comment rulemaking involves a period during which

Correct Answer
verified

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Administrative agencies can conduct searches without warrants in

Correct Answer
verified

Under a law addressing public concern over power exercised by federal agencies, the government must disclose certain records to any person on request.

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

Normally, a business firm complies with an agency request to inspect facilities because it is in the firm's interest to maintain good relations with the agency.

Correct Answer
verified

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

Correct Answer
verified

Exam 40: Administrative Agencies

Correct AnswerverifiedOmega cannot ask a court for an injuncti...View AnswerShow Answer

Tia is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tia can be compelled to appear before an administrative law judge if she is served with

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

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

Notice-and-comment rulemaking involves a period during which

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Administrative agencies can conduct searches without warrants in

Correct AnswerverifiedShow Answer

Under a law addressing public concern over power exercised by federal agencies, the government must disclose certain records to any person on request.

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

Normally, a business firm complies with an agency request to inspect facilities because it is in the firm's interest to maintain good relations with the agency.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified
Omega cannot ask a court for an injuncti...
View Answer

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