Question 1

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​

Accepted Answer

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.E) B) and C)
F) A) and D)

Question 2

An agency can make rules that are as legally binding as laws passed by Congress.​

Accepted Answer

A) True 
 B)False

Question 3

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with​

Accepted Answer

A)   ​an order for specific performance.
B)   ​an executive order.
C)   ​a subpoena.
D)   ​a search warrant.E) A) and B)
F) B) and C)

Question 4

Federal regulations take precedence over conflicting state regulations.​

Accepted Answer

A) True 
 B)False

Question 5

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​

Accepted Answer

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.E) A) and B)
F) None of the above

Question 6

The president of the United States may not veto congressional attempts to modify an agency's authority.​

Accepted Answer

A) True 
 B)False

Question 7

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which​

Accepted Answer

A)   ​judges, legislators, and the president are asked about a proposed rule.
B)   ​potential violators of a proposed rule are notified and publicized.
C)   ​the administrators "notice" a problem and "comment" on it.
D)   ​the public is asked to comment on a proposed rule.E) None of the above
F) A) and B)

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

The Occupational Safety and Health Administration (OSHA)  issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​

Accepted Answer

A)   ​determine consumer satisfaction.
B)   ​determine whether affected businesses are satisfied.
C)   ​monitor compliance with the rules.
D)   ​determine what type of agency needs to be created next.E) A) and B)
F) A) and C)

Question 10

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) All of the above
F) None of the above

Question 11

The Fourth Amendment protects against unreasonable searches and seizures by agencies.​

Accepted Answer

A) True 
 B)False

Question 12

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 C)
F) A) and B)

Question 13

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal​

Accepted Answer

A)   ​through a broadcast on a public television station.
B)   ​in a trade journal available to members of the industry.
C)   ​in the Federal Register.
D)   ​on its Web site.E) All of the above
F) B) and C)

Question 14

Final administrative rules have binding legal effect.​

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

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.E) None of the above
F) A) and B) A

Question 16

Independent federal regulatory agencies are outside the federal executive departments.​

Accepted Answer

A) True 
 B)False  True

Question 17

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS) . Like other federal administrative agencies, the IRS was created by​

Accepted Answer

A)   ​Congress, through enabling legislation.
B)   ​the courts, through the adjudicatory process.
C)   ​the U.S. Constitution, in Article I, Section 8.
D)   ​the president, through an executive order.E) None of the above
F) All of the above A

Question 18

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home will be required to appear at a hearing presided over by​

Accepted Answer

A)   ​a federal appellate court judge.
B)   ​a federal district court judge.
C)   ​an administrative law judge.
D)   ​a U.S. Marshal.E) A) and D)
F) C) and D)

Question 19

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.​

Accepted Answer

A) True 
 B)False

Question 20

The Federal Trade Commission (FTC)  orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to​

Accepted Answer

A)   ​compel a party to testify, but not to obtain documents.
B)   ​obtain any information except what a party refuses to reveal.
C)   ​harass an uncooperative business or individual.
D)   ​reveal regulatory violations.E) B) and C)
F) None of the above

Exam 43: Administrative Agencies

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​

Correct AnswerverifiedShow Answer

An agency can make rules that are as legally binding as laws passed by Congress.​

Correct AnswerverifiedShow Answer

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with​

Correct AnswerverifiedShow Answer

Federal regulations take precedence over conflicting state regulations.​

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

The president of the United States may not veto congressional attempts to modify an agency's authority.​

Correct AnswerverifiedShow Answer

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​

Correct AnswerverifiedShow 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 Fourth Amendment protects against unreasonable searches and seizures by agencies.​

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

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal​

Correct AnswerverifiedShow Answer

Final administrative rules have binding legal effect.​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedA

Independent federal regulatory agencies are outside the federal executive departments.​

Correct AnswerverifiedTrue

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS) . Like other federal administrative agencies, the IRS was created by​

Correct AnswerverifiedA

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home will be required to appear at a hearing presided over by​

Correct AnswerverifiedShow Answer

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.​

Correct AnswerverifiedShow Answer

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to​

Correct AnswerverifiedShow Answer

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

Correct Answer
verified

An agency can make rules that are as legally binding as laws passed by Congress.

Correct Answer
verified

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with

Correct Answer
verified

Federal regulations take precedence over conflicting state regulations.

Correct Answer
verified

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

Correct Answer
verified

The president of the United States may not veto congressional attempts to modify an agency's authority.

Correct Answer
verified

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which

Correct Answer
verified

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

Correct Answer
verified

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to

Correct Answer
verified

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 Fourth Amendment protects against unreasonable searches and seizures by agencies.

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

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal

Correct Answer
verified

Final administrative rules have binding legal effect.

Correct Answer
verified

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

Correct Answer
verified
A

Independent federal regulatory agencies are outside the federal executive departments.

Correct Answer
verified
True

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS) . Like other federal administrative agencies, the IRS was created by

Correct Answer
verified
A

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home will be required to appear at a hearing presided over by

Correct Answer
verified

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.

Correct Answer
verified

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

Correct Answer
verified