Administrative Law

Administrative Law

TRUE/FALSE QUESTIONS

B1. Administrative agencies create administrative law.

B2. Administrative agencies may issue regulations.

B3. Congress creates federal administrative agencies.

B4. The president of the United States has the power to appoint the members

of federal administrative agencies.

B5. Administrative agencies are independent of the executive, judicial, and

legislative branches of government.

B6. Administrative agencies donothave rule-making powers.

444TEST BANK B—UNIT NINE: GOVERNMENT REGULATION

B7. Administrative rules donothave binding legal effect.

B8. Federal agencies must follow formal procedures to make policy.

B9. A subpoenaad testificandumis an order to an individual or organization

to hand over certain records, papers, or books.

B10. An administrative agency can compel a witness to appear at an agency

hearing.

B11. Administrative agencies must rely on the voluntary statements of third

parties to fulfill the agencies’ fact-gathering function.

B12. An administrative agency cannot conduct a search without a warrant.

B13. Administrative agencies have adjudicatory powers.

B14. Most disputes over administrative actions are resolved through

negotiated settlements at their initial stages.

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B15. Any party to a case may appeal the order of an administrative law judge

to the board or commission that governs the agency.

B16. The judicial branch exercises control over administrative agencies

through its power to fund them.

B17. A regulated party can take a dispute about the regulation to a court

rather than going through the administrative adjudicatory process.

B18. Congress can “freeze” the enforcement of a regulation before it takes

effect.

B19. Under the Regulatory Flexibility Act, administrative agencies have the

flexibility to issue any regulation that will have “a significant impact.”

B20. Federal agencies must prepare guides that explain in “plain English”

how small businesses can comply with federal regulations..

MULTIPLE CHOICE QUESTIONS

B1. Congress leaves it to the Bureau of Prisons to oversee the promulgation

of detailed regulations in areas under the agency’s jurisdiction. This is

a. divine right.

b. the delegation of legislative powers.

c. gap-filling power.

d. unconstitutional conduct.

446TEST BANK B—UNIT NINE: GOVERNMENT REGULATION

B2. Seafood Restaurant Company 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. the courts, through the adjudicatory process.

c. the U.S. Constitution, through the _ Amendment.

d. the U.S. Department of the Treasury, through a final order.

B3. Persons who favor the creation of a National Biotech Agency to regulate

the production of genetically altered agricultural products should concentrate

their lobbying efforts on

a. Congress.

b. federal administrative agencies that oversee agricultural

products.

c. the United States Supreme Court.

d. the president of the United States.

B4. Truck Transport Company is subject to a decision by the National Labor

Relations Board. Truck Transport appeals the decision, arguing that it is

arbitrary and capricious. This could mean that the decision

a. followed a consideration of legally appropriate factors.

b. justifiably changed the agency’s prior policy.

c. was accompanied by a rational explanation.

d. was plainly contrary to the evidence.

B5. The Office of Postsecondary Education, like other federal administrative

agencies, is part of the government’s

a. administrative branch.

b. executive branch.

c. judicial branch.

d. legislative branch.

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B6. The Federal Highway Administration uses notice-and-comment

rulemaking. This process begins with

a. a request to Congress to enact enabling legislation.

b. the filing of a complaint against a charged party.

c. the publication of a notice of proposed rulemaking.

d. the solicitation of public comments.

B7. The U.S. Citizenship and Immigration Service issues a rule. Like the

rules of other federal administrative agencies, this rule is compiled in

a. theAdministrative Register of the Federal Government.

b. theCode of Federal Regulations.

c. theFederal Rules of Civil Procedure.

d. theUnited States Code.

B8. In reviewing the actions of the U.S. Office of Nuclear Energy and other

agencies, the courts

a. are usually reluctant to review questions of fact.

b. rarely defer to the technical expertise of administrative agencies.

c. often rule on the merits of policy determinations.

d. all of the choices.

B9. The Equal Employment Opportunity Commission (EEOC) orders First

Financial Company to reveal certain information. First Financial

complains to a court, arguing that the order is an abuse of the EEOC’s

discretion. Like other agencies, the EEOC can use a subpoena to

a. obtain any information, without limits.

b. obtain assurances that the law is not being violated.

c. obtain documents, but not to compel a party to testify.

d. pressure a party to settle an unrelated matter.

448TEST BANK B—UNIT NINE: GOVERNMENT REGULATION

B10. The U.S. Patent and Trademark Office (USPTO) wants to review certain

records of Verity Corporation. The USPTO can gain access to the records

through

a. a subpoena only.

b. neither Verity’s consent nor a subpoena.

c. Verity’s consent only.

d. Verity’s consent or a subpoena.

B11. Caleb is a witness in a controversy involving the U.S. Drug Enforcement

Administration. Caleb can be compelled to appear before an administrative

law judge if he is served with

a. an order for specific performance.

b. a rule for parol evidence.

c. a subpoenaad testificandum.

d. a subpoenaduces tecum.

B12. Nursing Home Care Company is charged with violating a rule of the

Social Security Administration. Most likely, Nursing Home Care will be

required to appear at a hearing presided over by

a. a federal appellate court judge.

b. a federal district court judge.

c. an administrative law judge.

d. a U.S Marshal.

B13. The functions of the Social Security Administration, like those of other

administrative agencies, include

a. adjudication.

c. declaration.

b. enunciation.

d. pronunciation.

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B14. The U.S. Mine Safety Administration conducts searches of certain

businesses. This agency and other administrative agencies can conduct

warrantless searches in

a. all industries.

b. highly regulated industries.

c. no industries.

d. newly regulated industries only.

B15. The Federal Emergency Management Agency (FEMA) discovers that

Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation

is resolved like most such disputes, the outcome will be

a. a negotiated settlement.

b. a trial and a fine.

c. a trial and an appeal to a higher authority.

d. a trial and the dissolution of the business.

B16. Labor Recruiters, Inc., has been ordered to appear at a hearing before an

administrative law judge of the National Labor Relations Board. A

significant difference between a trial and an administrative hearing is

that

a. attorneys are not allowed to attend administrative hearings.

b. clients are not allowed to communicate with their attorneys during

administrative hearings.

c. hearsay can be introduced as evidence in an administrative

hearing.

d. the burden of proof is on the charged party to prove innocence.

450TEST BANK B—UNIT NINE: GOVERNMENT REGULATION

B17. Plastix Produx Company is subject to a decision by the Consumer

Product Safety Commission. Opposed to the decision, Plastix Produx

wants a court to review it. First, however, the firm must use all of the

potential administrative remedies. This is

a. an actual controversy at issue.

b. standing to sue.

c. the exhaustion doctrine.

d. the ripeness doctrine.

B18. Jay seeks information about Kim and other well-known businesspersons

under the Freedom of Information Act. To obtain the information, Jay

must

a. agree not to reveal any trade secrets.

b. describe the information.

c. get a court order.

d. have Kim’s and the others’ permission.

B19. A failure of the Federal Bureau of Investigation to comply with a request

under the Freedom of Information Act (FOIA) may be challenged in

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.

B20. Closed meetings of the Office of Community Planning and Development

and other federal administrative agencies are permitted when

a. the subject of the meeting concerns accusing a person of a crime.

b. open meetings would frustrate the implementation of future

agency actions.

c. the subject of the meeting involves matters relating to future litigation

or rulemaking.

d. all of the choices.

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ESSAY QUESTIONS

B1. Power-Plus Battery Company (PPBC) makes batteries for motor vehicles.

The Occupational Safety and Health Administration (OSHA) proposes a

safety rule governing the handling of acids in the workplace, including

chemicals PPBC uses in its operations. PPBC concludes that the rule

will involve substantial compliance costs without significantly

increasing workplace safety. PPBC 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?

.

B2. Omega Company operates a computer chip production plant. Paula is the

president of Omega. Ron, 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. Paula believes that Ron is either exceeding his

authority or that the regulation Ron 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?