Administrative Law

Administrative Law

general business data bank
Subject: Law    / Administrative Law
Question

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.

CHAPTER 43: ADMINISTRATIVE LAW445

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.

CHAPTER 43: ADMINISTRATIVE LAW447

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