1. Before administrative agencies' rules become law, there must be congressional approval. 2. An administrative agency is neither a legislative nor a
... [Show More] judicial body. 3. Administrative agencies can exist at any level of gov- ernment. 4. Administrative agencies are created by some legisla- tive body. 5. An enabling act is an act approving rules promulgat- ed by an administrative agency. true true true true false 6. Administrative agencies serve as courts for hearings true on rule violations. 7. The Privacy Act is part of the Administrative Proce- dures Act. 8. The Freedom of Information Act is part of the Admin- istrative Procedures Act. 9. Under a Freedom of Information Act request, a mem- ber of the public can obtain all information in the files of a federal agency. 10. Reverse FOIA suits are suits by agencies to stop disclosures. true true false false 11. The Federal Privacy Act restricts the free exchange of true information among federal agencies. 12. Law enforcement agencies are exempt from the Fed- eral Privacy Act. 13. The Government in the Sunshine Act is often referred to as an open-meeting law. true true 14. The Government in the Sunshine Act applies to all federal administrative agencies. 15. The Government in the Sunshine Act created the Code of Federal Regulations. 16. The Federal Register Act is part of the Administrative Procedures Act. 17. The U.S. Government Manual contains information on national and regional agency offices. 18. The Code of Federal Regulations contains all the reg- ulations of federal agencies. 19. The Federal Register is a daily update of changes and proposed changes in the Code of Federal Reg- ulations. 20. Formal rule making requires publication of proposed rules. 21. Informal rule making does not require publication of proposed rules. 22. To withstand challenges, proposed agency rules must be supported by some studies or evidence. 23. The Regulatory Flexibility Act allows agencies flexi- bility in rule making by not requiring publication of proposed rules. 24. During the public comment period for a proposed rule, only affected businesses can make comments. false false false true true true true false true false false 25. Hearings are required in all federal rule proposals. false 26. Once a rule is proposed, it cannot be withdrawn. false 27. true A rule is arbitrary and capricious if there is no evi- dence to support its promulgation. 28. The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed. 29. An ultra vires challenge is a challenge of the agency's jurisdictional authority on a rule. 30. City governments cannot create administrative agen- cies. 31. Hearings conducted by agencies for enforcement purposes need not provide due process for the par- ties. 32. Many federal agencies use licensing as a means of enforcement. 33. An administrative agency is a statutory creation with- in the executive branch. false true false false true true 34. A consent decree is similar to a nolo contendere plea. true 35. The Department of Labor Relations Boards is an Ex- ecutive Department. 36. The decision of an administrative law judge can be appealed to the agency heads. 37. Appeals of federal administrative agency decisions go to federal district court. false true false 38. Administrative remedies must be exhausted before a true court will review agency actions. 39. Due process rights before an administrative agency require that formal trials be held before rights are taken away. false 40. The Federal Register System includes the Federal Register, the Code of Federal Regulations, and the United States Code. 41. Administrative agencies have no authority to act un- less a property right has been infringed. 42. Inspections are a means of enforcement for adminis- trative agencies. 43. Inspections by administrative agencies require a search warrant unless the business owner gives per- mission. 44. Under the FOIA, agencies are not permitted to charge for copying costs. 45. Both formal and informal rule-making processes in- clude public hearings. 46. An ultra vires challenge to an administrative regu- lation is one brought on the grounds of procedural error. 47. The Department of Homeland Security has authority over terrorism issues, but not natural disasters. 48. Informal rule making is not permitted for promulga- tion of rules. 49. An FOIA request can be denied if national security information is involved. 50. Law enforcement purposes are an exception to the prohibited exchanges of information among agencies under the Federal Privacy Act. 51. Only businesses can provide input during the com- ment period of rule making. false false true true false false false false false true true false 52. Federal agencies do not have the authority to issue fines. 53. Only businesses can provide input in the formal rule- making process. 54. A public comment period must be a minimum of 30 days. 55. If an administrative agency decides to withdraw pro- posed rules after the comment period, it must have another comment period concerning the decision to withdraw the proposed rules. false false true false 56. A consent decree is a guilty plea. false 57. An agency that fails to investigate the issues before proposing a rule has acted arbitrarily and capricious- ly. 58. The Government in the Sunshine Act requires ad- vance notice of agency meetings and hearings. 59. Comment periods are not required for modifications of rules, only new rules. 60. Only consumers have rights of comment during the public comment period. 61. The Code of Federal Regulations is published every business working day. 62. Exhausting administrative remedies is suggested, but not required, before litigation. 63. Administrative laws and agencies seldom impact the business world directly. 64. Appeals of federal agency decisions to courts of ap- peal require a grant of certiorari. true true false false false false false false 65. The Administrative Procedures Act requires each federal agency to decide what procedures will be used for promulgating new regulations. 66. Only published agency information can be obtained through a Freedom of Information Act request. 67. Federal agencies are not allowed to charge fees for copies of reports released under the Freedom of In- formation Act. false false false 68. The Federal Register System provides the means for true the Government in the Sunshine notices and publica- tion of agency rules and procedures. 69. Government in the Sunshine is another name for the Freedom of Information Act. 70. All administrative agencies: a. are at the federal level. b. promulgate regulations. c. are created by the U.S. President. d. are under sunset laws. 71. Enabling acts: a. are regulations of administrative agencies. b. are nonlegislative provisions. c. establish administrative agencies and their author- ity. d. must contain sunset provisions. 72. The Administrative Procedures Act includes: a. the Freedom of Information Act. b. the Federal Register Act. c. enabling legislation. d. all of these. false B C A 73. A An FOIA request (to be valid): a. must be in writing. b. must describe the reason the documents are sought. c. can request any information in an agency's file. d. must include prepayment of copy fees. 74. Which of the following is not exempt from an FOIA B request? a. national defense or foreign policy information b. internal agency policies on copy charges c. trade secrets d. investigation records 75. A reverse FOIA suit is: B a. one brought by an administrative agency. b. a suit to stop disclosure of information. c. not available at the federal level. d. a suit brought by an agency against another agency. 76. The Federal Privacy Act: C a. prohibits release of information (by public agen- cies) on individuals. b. does not apply to all agencies. c. provides a disclosure exemption for law enforce- ment purposes. d. does not cover medical records. 77. The Government in the Sunshine Act: A a. is often called an open-meeting law. b. applies to federal agencies whose heads are ap- pointed by Congress. c. requires all agency meetings to be public. d. applies to congressional committee meetings. 78. Formal rule making differs from informal rule making D in: a. public notice is required for formal rule making not informal. b. a public comment period is needed for formal rule making but not informal. c. no modification period exists in formal rule making. d. none of the above 79. Public hearings: B a. are required in both formal and informal rule mak- ing. b. can be held regionally. c. are required under the Regulatory Flexibility Act. d. none of the above 80. Which of the following is not grounds for challenging D an administrative regulation? a. arbitrary and capricious b. lack of substantial evidence c. ultra vires d. lack of a congressional hearing 81. Enforcement of federal administrative regulations: C a. is a function of the executive branch. b. is a function of the Justice Department. c. is part of the agency's role. d. none of the above 82. A consent decree is: B a. comparable to a not guilty plea. b. comparable to a nolo contendere plea. c. a guilty plea to agency charges. d. not made public. 83. Sanctions that can be imposed by agencies include: D a. injunctions. b. fines. c. loss of license. d. all of the above 84. Appeals from federal administrative agency deci- B sions go: a. to federal district court. b. to U.S. Court of Appeals. c. directly to the U.S. Supreme Court. d. none of the above 85. The Federal Privacy Act: C a. is the same as the Regulatory Flexibility Act. b. does not apply to medical and employment histo- ries. c. is part of the Administrative Procedures Act. d. applies to all law enforcement information ex- changes. 86. Which of these can create an administrative agency: D a. Congress b. state legislature c. city government d. all of these 87. The National Transportation Safety Board has pro- B posed a new regulation that would require children under the age of two to be strapped into car seats in their own seats on airplanes. Currently, children under the age of two are nonpaying passengers who ride on their parents' laps. What opportunities will airlines and parents have for input on the proposed rule? a. They can write their congressional representa- tives. b. They can send in comment letters to the NTSB. c. They can seek a presidential veto. d. They can go to court to block the proposal. 88. The public comment period: D a. need not be 30 days if there are formal hearings. b. need not be 30 days if the Regulatory Flexibility Act is followed. c. can never exceed 90 days. d. must be at least 30 days. 89. Ralph Watkins is the president of Animal Crackers, B Inc. Animal Crackers operates childrens' clothing stores. Ralph has just received notice of charges by the Federal Trade Commission (FTC) against Animal Crackers for deceptive advertising. Watkins wishes to know the company's rights. Which of the following statements is true? a. Animal Crackers is entitled to a jury trial. b. Animal Crackers could dispose of the matter through a consent decree. c. Animal Crackers is facing criminal charges. d. Animal Crackers will have a 30-day comment peri- od. 90. Which of the following meetings would be subject to D the open-meeting provisions of the federal sunshine laws? a. a meeting of the staff attorneys of the SEC enforce- ment division b. a meeting of the division heads of the Federal Trade Commission c. a meeting of the nine justices of the U.S. Supreme Court d. a meeting of three of the five commissioners of the Federal Aviation Administration 91. Which of the following is not an example of an en- A abling act? a. Government in the Sunshine Act b. Securities Exchange Act of 1934 c. Federal Trade Commission Act d. Occupational Safety and Health Act 92. Which of the following is not part of the Administra- D tive Procedures Act? a. Freedom of Information Act b. Privacy Act c. Government in the Sunshine Act d. Federal Register Act 93. The Federal Register averages about pages of D proposals and notices every working day. a. 700 b. 7,000 c. 2,500 d. 250 94. "Reverse FOIA suits" are: D a. lawsuits brought by federal agencies to stop dis- closure of information. b. suits challenging the constitutionality of the FOIA. c. suits by citizens brought to enforce their rights in FOIA requests. d. none of the above 95. Which of the following is not an exemption for fol- A lowing the disclosure requirements under the Federal Privacy Act? a. medical records b. FBI investigations c. SEC stock-trading records d. Congress 96. Notice of a proposed federal regulation in The Federal C Register need not contain: a. the name of the proposing agency. b. the statutory authority for promulgating the rules. c. the environmental impact of the proposal. d. the language or the proposed rule or a summary. 97. The Regulatory Flexibility Act: B a. created the process of hybrid rule making. b. requires publication of rule notices in trade maga- zines. c. requires a six-month comment period in formal rule making. d. allows regulators to promulgate rules without prior notice. 98. A court challenge to a promulgated rule based on the C theory that the agency exceeded its authority is: a. a substantial evidence challenge. b. an arbitrary and capricious challenge. c. an ultra vires challenge. d. all of the above 99. Other parties with an interest in an administrative C case are known as . a.co-defendants b. cross-plaintiffs c. intervenors d. speculator 100. C All administrative agency actions against accused violators start with a: a. prosecution. b. consent decree. c. complaint. d. cease-and-desist order. 101. Andrew Flint is the CEO of a small, publicly held com- D pany based in Idaho Falls, Idaho. Flint earned $76,000 last year as CEO. Investors in Flint's firm are earning nearly 15 percent on their shares. Flint has learned that the SEC is considering a proposed rule man- dating salary studies for all publicly held firms. Flint has priced such studies and has estimates ranging from $27,000 to $40,000. Flint would like the SEC to understand his firm's position. Which of the following statements is true? a. Flint will need to hire a lawyer to present evidence to the SEC. b. Flint can challenge the rule only after promulgation. c. Flint's challenge must be made in court. d. Flint can simply write to the SEC to voice his con- cerns. 102. Four of the five commissioners for the Federal Trade B Commission were working late one evening in their Washington, D.C. offices. The four were catching up on their electronic mail. The four soon discovered each others' presence on electronic mail. One com- missioner wrote to the other three, "Let's get some business done so long as we're all here. We could resolve that unfair competition case that's pending for next month. We can iron out our differences via e-mail." The electronic exchanges of the commission- ers would: a. be protected because they are internal agency ac- tions. b. violate the Government in the Sunshine Act open meeting laws. c. be considered law enforcement issues and would be protected from open-meeting laws. d. not be a meeting without some staff members pre- sent. 103. Which is not a role administrative agencies play? C a. rule making b. enforcement c. adjudication d. Administrative agencies play all of the above roles. 104. Addison Winchell is the CEO of a printing firm located A in Lexington, Kentucky. The state office of environ- ment quality has proposed a rule mandating the use of soy inks and recycled paper by all printers in the state. Winchell says the expense will put him out of business. What can Winchell do? a. Provide comments to the proposed rule. b. Go directly to court with a constitutional challenge. c. Present evidence if a trade group supports him. d.All of the above. 105. Choose the answer with the proper order for admin- A istrative rule-making. a. study of the problem, notice of rule-making, public comment period, promulgation b. study of the problem, public comment period, no- tice of rule-making, promulgation c. notice of proposed rule-making, study of the prob- lem, public comment period, promulgation d.notice of proposed rulemaking, public comment pe- riod, study of the problem, promulgation e. notice of proposed rulemaking, consent decree, public com- ment period, study of the problem, promulgation 106. What is the difference between formal rulemaking C and informal rulemaking? a. Formal requires notice while the latter are simply immaterial changes to rules. b. Formal requires a public comment period and infor- mal rulemaking does not. c. Formal requires public hearings and information does not. d. Formal requires Government in the Sunshine No- tices and informal does not. e.none of the above 107. Choose the answer with the correct order for admin- C istrative agency enforcement proceedings. a.charges, consent decree, hearing, appeal b. charges, information gathering, consent decree, fines c. charges, hearing, findings and decision, adminis- trative agency decision, judicial appeal d. charges, hearing, findings and decision, judicial appeal e. charges, hearing, consent decree, judicial appeal 108. What is the effect of a consent decree? B a. The agency's charges are dismissed with no sanc- tions. b. The party makes no admissions as to conduct. c. There is still judicial appeal from a consent decree. d. It is no longer available under the Regulatory Flex- ibility Act. e. none of the above 109. Which law simplified rulemaking for businesses? A a. Regulatory Flexibility Act b. Freedom of Information Act c. Administrative Procedures Act d. both a and b e. none of the above 110. Ultra vires means: B a. a bad violation of law." b. "beyond its powers." c. "arbitrary." d. "capricious." 111. Where could a business find notices of proposed D rules? a. The Code of Federal Regulations b. The Federal Register c. industry trade publications d. both b and c 112. The FDA had approved a new diet drug for the mar- D ket. The agency pulled the approval and the drug off the market because a staff member said, "This drug didn't work for me." The manufacturer of the drug could challenge the FDA action: a. as arbitrary and capricious. b. on the basis of a failure to follow ADA procedures. c. lack of substantial evidence. d. any of the above 113. John Forsyth is the head of the Securities Exchange C Commission. There are new rules pending before the SEC that would require lawyers to blow the whistle on their clients. The American Bar Association, which is opposed to the legislation, has just offered Mr. Forsyth's son a full scholarship to the law school of his choice. a. The in-kind contribution to his son is a violation of the law. b. A scholarship to Mr. Forsyth would be illegal, but not to his son. c. The ABA has not violated any law if there is no connection between the proposed rule and the schol- arship. d. none of the above 114. Choose the one with the correct ordering of rulemak- C ing functions from among the following: a. enabling statute, comment period, studies of is- sues, promulgation b. enabling statute, studies of issues, promulgation, comment period c. enabling statute, studies of issues, comment peri- od, promulgation d. None of the above is in correct order. 115. If a company challenges a penalty imposed by an A administrative agency, which of the following is the correct order for its appeal? a. ALJ, agency commissioners, judicial challenge b. judicial challenge, ALJ, agency commissioners c. agency commissioners, ALJ, judicial challenge d. None of the above is in the correct order. 116. The Federal Maritime Commission approved the B charter for an inter-island ferry service in Hawaii but did so without a study of the environmental impact of adding the ferry service. Federal agencies are re- quired to determine environmental impacts of all ac- tions. The airlines that fly between the islands wish to challenge the ferry approval by the Maritime Com- mission. What grounds could they use? a. arbitrary and capricious b. failure to comply with statutory procedures c. favoritism d. none of the above 117. The Department of Homeland Security has been giv- B en the responsibility for the construction of a fence along the border between the United States and Mex- ico. The Department has not followed the 30-day com- ment rule on the composition and location of the pro- posed fence. Secretary Chertoff says that the fence is a matter of national security. The Department: a. has not complied with the rulemaking requirements and cannot proceed with the fence. b. is using the emergency exception for the time waiv- er on rulemaking. c. does not have the authority to waive the time re- quirements. d. both a and c 118. The Department of Justice requires escrow and ti- A tle companies to maintain records of transactions and report those transactions that involve more than $10,000 in cash. Title companies are worried about disclosure of the information to federal agencies. Which of the following is correct? a. The information may be disclosed if it is being used for law enforcement purposes by the agency. b. The information is financial and private and disclo- sure would be arbitrary and capricious. c. The information cannot be disclosed unless there is a prior disclosure of the agency request to the parties involved. d. none of the above 119. When an agency uses some aspects of formal rule- C making and some aspects of informal rulemaking, it is called: a. mixed rulemaking b. combination rulemaking c. hybrid rulemaking d. cross rulemaking 120. Which of the following is not one of the functions of C administrative agencies? a. adjudicating rules b. enforcing rules c. interpreting statutes d. promulgating regulations 121. Why must an agency research the problem it seeks to D address? a. The agency must establish the purpose for any new rules proposed. b. The agency must present evidence that the regula- tion will accomplish its purpose. c. The agency must determine if the regulation will be cost effective. d. All of the above are reasons an agency must re- search the problems it is addressing. 122. Which of the following is not one of the purposes of B agency inspections? a. ensuring safe working conditions for employees b. protecting investors c. ensuring safety for consumers d. enforcing regulations 123. Who presides over the hearing between a federal A agency and a defendant accused of a violation of the agency's rule? a. administrative law judge b. federal district judge c.hearing officer d. the director of the agency [Show Less]