Question 1

Congress created the first regulatory agency in 1887.It was called the:

Accepted Answer

A)  Federal Trade Commission
B)  Federal Power Commission
C)  Interstate Commerce Commission
D)  Federal Communications Commission
E)  none of the other choices C

Question 2

Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party:

Accepted Answer

A)  the Department of Agencies
B)  the Department of Justice
C)  the Department of Defense
D)  the Department of Regulation
E)  the Department of Business

Question 3

A(n) _____________ is a formal agency process under APA rules,which are similar to those followed in a trial.

Accepted Answer

A)  a commissioner's hearing
B)  a Congressional review
C)  a rulemaking
D)  a magistrate hearing
E)  none of the other choices

Question 4

In Lujan v.Defenders of Wildlife,the Supreme Court upheld the standing of an environmental group to challenge construction of a dam in Egypt supported by U.S.aid where construction threatened an endangered crocodile.

Accepted Answer

A) True 
 B)False

Question 5

Suppose EPA requires polluters to report compliance with air pollution emission regulations.Which of the following statements could be true,given the power EPA is likely to have:

Accepted Answer

A)  if a firm does not exceed pollution limits but fails to file reports,it may be fined
B)  if a firm does exceed pollution limits and fails to file reports,it may be fined
C)  if a firm does exceed pollution limits,it may be fined even if it does file reports on time
D)  if a firm does exceed pollution limits and fails to file reports,it may be fined and if a firm does exceed pollution limits,it may be fined even if it does file reports on time
E)  if a firm does exceed pollution limits and fails to file reports,it may be fined,and if a firm does exceed pollution limits,it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports,it may be fined

Question 6

Substantive or legislative rules are usually required to have public notice and comment before they take effect.

Accepted Answer

A) True 
 B)False  True

Question 7

An adjudicatory hearing by an agency is subject to the Administrative Procedure Act.

Accepted Answer

A) True 
 B)False

Question 8

In a case involving judicial review of an administrative agency's decision,the court's _____________ determines how far it can go in examining the action.

Accepted Answer

A)  judicial scope
B)  scope of review
C)  ability to review
D)  extent of review
E)  substantive scope

Question 9

If an agency,in enforcing a substantive (legislative)rule,does not follow its own procedural rules,a challenge to the agency's decision is likely to be upheld.

Accepted Answer

A) True 
 B)False

Question 10

In Chevron,U.S.A. ,Inc.v.Natural Resources Defense Council,Inc. ,where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged,the Supreme Court held that:

Accepted Answer

A)  since Congress directly addressed the issue of the bubble policy it was not up to the EPA whether or not to use it
B)  since Congress directly addressed the issue of the bubble policy it was up to the EPA whether or not to use it
C)  since Congress gave the EPA special permission to enact whatever policy it wants,the EPA can have the bubble policy if it wants
D)  since the EPA is not subject to regulation by Congress,it can have whatever policy it wants
E)  none of the other choices are correct

Question 11

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:

Accepted Answer

A)  Congressional Quarterly
B)  Administrative Reporter
C)  Federal Supplement
D)  Code of Federal Regulations
E)  none of the other choices

Question 12

Congress requires all regulatory agencies to compute cost-benefit and risk analysis to justify major new regulations prior to their being issued.

Accepted Answer

A) True 
 B)False

Question 13

Procedural rules issued by administrative agencies are:

Accepted Answer

A)  statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
B)  administrative statutes with the same force of law as statutes passed by Congress
C)  rules that describe an agency's organization,method of operation,and internal practices
D)  statements that may only rephrase the language of a statute passed by Congress
E)  none of the other choices

Question 14

Substantive (legislative) rules issued by agencies are:

Accepted Answer

A)  statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
B)  administrative statutes with the same force and effect of law as statutes passed by Congress
C)  rules that describe an agency's organization,method of operation,and internal practices
D)  statements that may only rephrase the language of a statute passed by Congress
E)  none of the other choices

Question 15

The primary source(s) of administrative law include(s) :

Accepted Answer

A)  the Administrative Procedures Act
B)  the enabling statutes of the administrative agencies
C)  court decisions reviewing agency decisions
D)  the enabling statutes of the administrative agencies and court decisions reviewing agency decisions
E)  the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

Question 16

Comments that are filed by interested members of the public about proposed regulations can form the basis of a legal challenge to a rule that is finalized and failed to take note of a valid critical comment.

Accepted Answer

A) True 
 B)False

Question 17

Which of these is not a procedural requirement for judicial review of an agency decision:

Accepted Answer

A)  ripeness
B)  diversity
C)  exhaustion
D)  jurisdiction
E)  standing

Question 18

Businesses do not have to comply with subpoenas from regulatory agencies,they must come from a U.S.Attorney to be fully enforceable.

Accepted Answer

A) True 
 B)False

Question 19

The Equal Employment Opportunity Commission is newer than most federal agencies.

Accepted Answer

A) True 
 B)False  True

Question 20

Congress grants to an agency the power to perform regulatory functions.A statute delegating power to an agency is called:

Accepted Answer

A)  an administrative statute
B)  an enabling statute
C)  a regulatory statute
D)  a permanence statute
E)  a public interest statute

Exam 15: The Regulatory Process

Congress created the first regulatory agency in 1887.It was called the:

Correct AnswerverifiedC

Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party:

Correct AnswerverifiedShow Answer

A(n) _____________ is a formal agency process under APA rules,which are similar to those followed in a trial.

Correct AnswerverifiedShow Answer

In Lujan v.Defenders of Wildlife,the Supreme Court upheld the standing of an environmental group to challenge construction of a dam in Egypt supported by U.S.aid where construction threatened an endangered crocodile.

Correct AnswerverifiedShow Answer

Suppose EPA requires polluters to report compliance with air pollution emission regulations.Which of the following statements could be true,given the power EPA is likely to have:

Correct AnswerverifiedShow Answer

Substantive or legislative rules are usually required to have public notice and comment before they take effect.

Correct AnswerverifiedTrue

An adjudicatory hearing by an agency is subject to the Administrative Procedure Act.

Correct AnswerverifiedShow Answer

In a case involving judicial review of an administrative agency's decision,the court's _____________ determines how far it can go in examining the action.

Correct AnswerverifiedShow Answer

If an agency,in enforcing a substantive (legislative)rule,does not follow its own procedural rules,a challenge to the agency's decision is likely to be upheld.

Correct AnswerverifiedShow Answer

In Chevron,U.S.A. ,Inc.v.Natural Resources Defense Council,Inc. ,where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged,the Supreme Court held that:

Correct AnswerverifiedShow Answer

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:

Correct AnswerverifiedShow Answer

Congress requires all regulatory agencies to compute cost-benefit and risk analysis to justify major new regulations prior to their being issued.

Correct AnswerverifiedShow Answer

Procedural rules issued by administrative agencies are:

Correct AnswerverifiedShow Answer

Substantive (legislative) rules issued by agencies are:

Correct AnswerverifiedShow Answer

The primary source(s) of administrative law include(s) :

Correct AnswerverifiedShow Answer

Comments that are filed by interested members of the public about proposed regulations can form the basis of a legal challenge to a rule that is finalized and failed to take note of a valid critical comment.

Correct AnswerverifiedShow Answer

Which of these is not a procedural requirement for judicial review of an agency decision:

Correct AnswerverifiedShow Answer

Businesses do not have to comply with subpoenas from regulatory agencies,they must come from a U.S.Attorney to be fully enforceable.

Correct AnswerverifiedShow Answer

The Equal Employment Opportunity Commission is newer than most federal agencies.

Correct AnswerverifiedTrue

Congress grants to an agency the power to perform regulatory functions.A statute delegating power to an agency is called:

Correct AnswerverifiedShow Answer

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