Question 1

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Accepted Answer

A) True 
 B)False

Question 2

Unlike statutory law,administrative law is created by administrative agencies,not by legislatures.

Accepted Answer

A) True 
 B)False

Question 3

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​

Accepted Answer

A)  administrative law.
B)  legislative law.
C)  executive law.
D)  statutory law.E) B) and D)
F) A) and B)

Question 4

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

Accepted Answer

A) True 
 B)False

Question 5

Federal administrative agencies' final rules are compiled in the United States Code.

Accepted Answer

A) True 
 B)False

Question 6

The Nuclear Regulatory Commission is an independent regulatory agency.Its basic functions include making rules,investigating activities that it regulates,enforcing its rules and adjudicating disputes.All of these functions are part of​

Accepted Answer

A)  the judicial process.
B)  the legislative process.
C)  the administrative process.
D)  the executive process.E) A) and D)
F) A) and C)

Question 7

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds,Inc.Whether it is permissible for the SEC to request or review the documents depends on whether the documents are​

Accepted Answer

A)  incriminating.
B)  relevant.
C)  technical.
D)  valuable.E) None of the above
F) B) and D)

Question 8

Friend2Friend,Inc. ,a social network provider,is cited by an Internal Revenue Service (IRS)representative for an underpayment of federal income tax.Friend2Friend's accountants believed that the agency overlooked some of the firm's legitimate tax deductions and credits.Erin,Friend2Friend's chief executive officer,wants to challenge the assessment.What are Erin and Friend2Friend's next steps?​

Accepted Answer

Friend2Friend cannot ask a court for an ...

Question 9

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission.Tools & Hardware is opposed to the decision and wants a court to review it.First,however,the company 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) C) and D)
F) A) and B)

Question 10

Rulemaking-the formulation of new administrative regulations-is a major function of administrative agencies.

Accepted Answer

A) True 
 B)False

Question 11

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Accepted Answer

A) True 
 B)False

Question 12

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.

Accepted Answer

A) True 
 B)False

Question 13

Guitar Maker,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 Maker uses in its operations.Guitar Maker 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 admin...

Question 14

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding has binding legal effect​

Accepted Answer

A)  after a court affirms it.
B)  until the next presidential election.
C)  once Congress approves it.
D)  unless a court overturns it.E) B) and D)
F) A) and C)

Question 15

Pure Water Company is subject to a decision by the Environmental Protection Agency.Pure Water 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 relevant factors.
C)  was accompanied by a rational explanation.
D)  was plainly warranted by the evidence.E) None of the above
F) B) and D)

Question 16

The Federal Trade Commission (FTC) is an independent regulatory agency.As such,the FTC is subject to​

Accepted Answer

A)  no higher authority.
B)  less executive authority than executive agencies.
C)  more executive authority than executive agencies.
D)  the authority of nongovernmental oversight committees.E) B) and C)
F) All of the above

Question 17

Most administrative actions are resolved through negotiated settlements at their initial stages,without formal adjudication.

Accepted Answer

A) True 
 B)False

Question 18

Congress typically leaves a statute's implementation to an administrative agency.

Accepted Answer

A) True 
 B)False

Question 19

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in​

Accepted Answer

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

Question 20

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​

Accepted Answer

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

Exam 23: Administrative Agencies

The Nuclear Regulatory Commission is an independent regulatory agency.Its basic functions include making rules,investigating activities that it regulates,enforcing its rules and adjudicating disputes.All of these functions are part of

Correct Answer
verified

The Federal Trade Commission (FTC) is an independent regulatory agency.As such,the FTC is subject to

Correct Answer
verified

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission.Tools & Hardware is opposed to the decision and wants a court to review it.First,however,the company must

Correct Answer
verified

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Correct Answer
verified

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding has binding legal effect

Correct Answer
verified

Congress typically leaves a statute's implementation to an administrative agency.

Correct Answer
verified

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.

Correct Answer
verified

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds,Inc.Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

Correct Answer
verified

Correct Answer
verified
Friend2Friend cannot ask a court for an ...
View Answer

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

Correct Answer
verified

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

Correct Answer
verified

Rulemaking-the formulation of new administrative regulations-is a major function of administrative agencies.

Correct Answer
verified

Most administrative actions are resolved through negotiated settlements at their initial stages,without formal adjudication.

Correct Answer
verified

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

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

Correct Answer
verified

Unlike statutory law,administrative law is created by administrative agencies,not by legislatures.

Correct Answer
verified

Federal administrative agencies' final rules are compiled in the United States Code.

Correct Answer
verified

Pure Water Company is subject to a decision by the Environmental Protection Agency.Pure Water appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

Correct Answer
verified

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Correct Answer
verified

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

Correct Answer
verified

Exam 23: Administrative Agencies

The Nuclear Regulatory Commission is an independent regulatory agency.Its basic functions include making rules,investigating activities that it regulates,enforcing its rules and adjudicating disputes.All of these functions are part of​

Correct AnswerverifiedShow Answer

The Federal Trade Commission (FTC) is an independent regulatory agency.As such,the FTC is subject to​

Correct AnswerverifiedShow Answer

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission.Tools & Hardware is opposed to the decision and wants a court to review it.First,however,the company must​

Correct AnswerverifiedShow Answer

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Correct AnswerverifiedShow Answer

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding has binding legal effect​

Correct AnswerverifiedShow Answer

Congress typically leaves a statute's implementation to an administrative agency.

Correct AnswerverifiedShow Answer

The judicial branch exercises control over administrative agencies through the courts' review of agency actions.

Correct AnswerverifiedShow Answer

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds,Inc.Whether it is permissible for the SEC to request or review the documents depends on whether the documents are​

Correct AnswerverifiedShow Answer

Correct AnswerverifiedFriend2Friend cannot ask a court for an ...View AnswerShow Answer

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​

Correct AnswerverifiedShow Answer

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in​

Correct AnswerverifiedShow Answer

Rulemaking-the formulation of new administrative regulations-is a major function of administrative agencies.

Correct AnswerverifiedShow Answer

Most administrative actions are resolved through negotiated settlements at their initial stages,without formal adjudication.

Correct AnswerverifiedShow Answer

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

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

Correct AnswerverifiedShow Answer

Unlike statutory law,administrative law is created by administrative agencies,not by legislatures.

Correct AnswerverifiedShow Answer

Federal administrative agencies' final rules are compiled in the United States Code.

Correct AnswerverifiedShow Answer

Pure Water Company is subject to a decision by the Environmental Protection Agency.Pure Water appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision​

Correct AnswerverifiedShow Answer

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

The Nuclear Regulatory Commission is an independent regulatory agency.Its basic functions include making rules,investigating activities that it regulates,enforcing its rules and adjudicating disputes.All of these functions are part of

Correct Answer
verified

The Federal Trade Commission (FTC) is an independent regulatory agency.As such,the FTC is subject to

Correct Answer
verified

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission.Tools & Hardware is opposed to the decision and wants a court to review it.First,however,the company must

Correct Answer
verified

Correct Answer
verified

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding has binding legal effect

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds,Inc.Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

Correct Answer
verified

Correct Answer
verified
Friend2Friend cannot ask a court for an ...
View Answer

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

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Pure Water Company is subject to a decision by the Environmental Protection Agency.Pure Water appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified