BUS 346 Week 5 Quiz

BUS 346 Week 5 Quiz | Assignment Help | Mercer University

Exam 5: Chapter 5

Question 1

Unlike those who violate statutes, violators of agency rules are not punished.

o   True

o   False

Question 2

There is a precise definition of what makes an administrative rule arbitrary and capricious.

o   True

o   False

Question 3

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

o   True

o   False

Question 4

Often, an administrative agency itself enforces its rules.

o   True

o   False

Question 5

Administrative agencies can conduct warrantless searches in some situations.

o   True

o   False

Question 6

Federal executive agencies are outside the federal executive departments.

o   True

o   False

Question 7

The period for persons to comment on a proposed administrative rule must be at least thirty days.

o   True

o   False

Question 8

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

o   True

o   False

Question 9

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

o   True

o   False

Question 10

If the meaning of a statute’s language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

o   True

o   False

Question 11

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

o   True

o   False

Question 12

Independent regulatory agencies include the cabinet departments of the executive branch.

o   True

o   False

Question 13

Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

o   True

o   False

Question 14

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

o   True

o   False

Question 15

The Administrative Procedure Act does not apply to a particular agency procedure.

o   True

o   False

Question 16

An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

o   True

o   False

Question 17

Rulemaking—the formulation of new administrative regulations—is a major function of Congress, not administrative agencies.

o   True

o   False

Question 18

If a business firm refuses to comply with an agency’s request to inspect facilities or business records, the agency must defer to the refusal.

o   True

o   False

Question 19

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

o   True

o   False

Question 20

Like statutory law, administrative law is created by legislatures.

o   True

o   False

Question 21

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Beck must

o   agree not to reveal any trade secrets.

o   reasonably describe the information.

o   get a court order.

o   have the businesspersons’ permission.

Question 22

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of

o   accounting practices.

o   asset acquisition.

o   hazardous waste management.

o   tax reporting.

Question 23

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

o   must be specific and adequately describe the material being sought.

o   must be non-specific so an incriminating item is not overlooked.

o   must be general so as to force an uncooperative party’s compliance.

o   may, but need not, be specific because the FDA is a federal agency.

Question 24

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

o   a federal appellate court judge.

o   a federal district court judge.

o   an administrative law judge.

o   a U.S Marshal.

Question 25

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding is sometimes referred to as

o   a legislative rule.

o   an interpretive rule.

o   an adjudicatory order.

o   an executive edict.

Question 26

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

o   are usually reluctant to review questions of fact.

o   rarely defer to the technical expertise of administrative agencies.

o   often rule on the merits of policy determinations.

o   never defer to an agency’s interpretation of law.

Question 27

Independent regulatory agencies such as the Federal Trade Commission are

o   not part of the government’s executive branch.

o   outside the major departments of the government’s executive branch.

o   sub agencies of executive agencies.

o   subject to more executive authority than executive agencies.

Question 28

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

o   the Administrative Register of the Federal Government.

o   the Code of Federal Regulations.

o   the Federal Rules of Civil Procedure.

o   the United States Code.

Question 29

The Merit Systems Protection Board issues a rule. Like other administrative agencies’ “legislative rules,” this rule is as

o   binding as a law passed by Congress.

o   persuasive as an expert’s opinion.

o   suggestive as a newspaper’s editorial.

o   unenforceable as a salesperson’s puffery.

Question 30

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM’s interpretation of

o   the facts and the law.

o   the agency’s authority.

o   procedural requirements.

o   the Constitution.

Question 31

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

o   no federal or state law.

o   the Freedom of Information Act.

o   the Government in the Sunshine Act.

o   the Public Accountability Act.

Question 32

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety, Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

o   incriminating.

o   relevant.

o   technical.

o   valuable

Question 33

Nemo’s 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

o   Congress, through enabling legislation.

o   the courts, through the adjudicatory process.

o   the U.S. Constitution, through the tax and spend clause.

o   the U.S. Department of the Treasury, through a legislative rule.

Question 34

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a presidential veto of

o   Congress’s modifications of the agency’s authority.

o   the agency’s final rules.

o   the agency’s final orders.

o   none of the choices.

Question 35

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

o   a federal district court.

o   a hearing before the U.S. Freedom of Information Agency.

o   a meeting with Congress’s FOIA subcommittee.

o   a special conference with the president of the United States.

Question 36

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

o   all industries.

o   highly regulated industries.

o   no industries.

o   newly regulated industries only.

Question 37

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can legitimately gain access to the records through

o   agency coercion.

o   infiltrating Verity’s computers without the firm’s knowledge.

o   public comment.

o   Verity’s consent.

Question 38

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

o   an order for specific performance.

o   a rule for parol evidence.

o   a subpoena.

o   a politely worded request.

Question 39

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

o   the news media.

o   a trade journal available to members of the industry.

o   the Federal Register.

o   an office memo that employees are free to take home.

Question 40

Playground Equipment, Inc., is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

o   Congress, through enabling legislation.

o   the Federal Trade Commission, through the rulemaking process.

o   the president, through an executive order.

o   the U.S. Department of Labor, through a final order.