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Which of the following is beyond the enforcement power of an agency?


A) requiring proof of compliance with agency regulations
B) issuing a cease-and-desist order
C) convicting of criminal violations
D) imposing civil penalties

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Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.

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An agency hearing is generally not subject to the rules of evidence.

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The Federal Register Act provides that printing an administrative regulation in the Code of Federal Regulations is public notice of the contents of the regulation to persons subject to it or affected by it

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The Electronic Freedom of Information Act Amendments of 1996 extend the public availability of information to electronically stored data.

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Which of the following is part of an administrative agency's power to investigate?


A) an investigation to determine whether additional administrative rules need to be adopted
B) an investigation to ascertain facts with respect to a particular suspected or alleged violation
C) an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order
D) all of these

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As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.

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Administrative hearings often have additional parties involved, called ______, who are _______ with an interest in the case are permitted to participate.


A) intervenors, political entities.
B) industry organizations, intervenors
C) intervenors, ALJ's.
D) intervenors, industry organizations.

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A significant difference between an administrative agency hearing and a court hearing is that:


A) a binding decision can only be made by an agency.
B) there is no right of trial by jury before an agency.
C) a court hearing allows no public intervention.
D) a court can enforce its decision.

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Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited jurisdiction.

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Regulations properly adopted by agencies are important, but they do not have the full force of law, as do statutes.

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An administrative agency cannot hold a hearing without a jury.

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An administrative agency can be created to perform:


A) only one of the three functions of government (executive, legislative, or judicial) .
B) any two of the three functions of government.
C) all three of the functions of government.
D) none of the three functions of government.

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In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.

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The ______can issue a(n) ______ to stop a practice that it decides is improper. This order is binding unless reversed on an appeal.


A) ALJ, cease-and-desist order
B) Court, monetary fine
C) FTC, cease-and-desist order.
D) FTC, appeal

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The modern administrative agency typically possesses legislative, executive, and judicial powers.

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The authority of an agency is limited to the technology in existence at the time the agency was created.

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Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted.

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