general business data bank general business data bank Question 448TEST BANK B—UNIT NINE: GOVERNMENT REGULATION B10. The U.S. Patent and Trademark Office (USPTO) wants to review certain Save your time! Proper editing and formatting Free revision, title page, and bibliography Flexible prices and money-back guarantee ORDER NOW records of Verity Corporation. The USPTO can gain access to the records through a. a subpoena only. Make sure you submit a unique essay Our writers will provide you with an essay sample written from scratch: any topic, any deadline, any instructions. 100% ORIGINAL ORDER NOW 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. CHAPTER 43: ADMINISTRATIVE LAW449 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. ANSWER: D CHAPTER 43: ADMINISTRATIVE LAW451 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? it in theFederal Register. Later, the rule is compiled with those rules of other federal agencies in theCode of Federal Regulations. 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?