Question 1

Administrative agencies are generally created by:

Accepted Answer

A)  a Supreme Court order
B)  federal courts to help in areas difficult to regulate by litigation
C)  an enabling statute of Congress
D)  an executive order of the President
E)  a Supreme Court order following an enabling statute of Congress

Question 2

Once a business is subject to a regulation,an agency does not need a subpoena to obtain records relevant to following the regulation.

Accepted Answer

A) True 
 B)False

Question 3

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly.She has exhausted all administrative channels and now wishes to bring suit.Loraine should file her suit:

Accepted Answer

A)  in the state district court where she lives
B)  in the state district court in which the airport owner lives
C)  in the federal district court nearest the airport because this is a federal question
D)  with the Supreme Court because this controversy involves a statutory interpretation
E)  none of the other choices

Question 4

In Chevron v.NRDC the Supreme Court held that court of appeals was correct that
the EPA had taken too much power to itself by allowing a "bubble" concept for air pollution regulation at major stationary sources in violation of the desire of Congress.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is a classification of administrative rules:

Accepted Answer

A)  substantive
B)  legislative
C)  interpretative
D)  procedural
E)  all of the other specific choices are correct

Question 6

The ___________ requires that unless an exception applies,notice and prior consent are required before an agency can disclose information that concerns and identifies an individual.

Accepted Answer

A)  Open Records Act
B)  Data Quality Act
C)  Data Obtaining Act
D)  Sunshine Act
E)  none of the other choices are correct

Question 7

If a statute requires that administrative rule making must be "on the record" then the agency:

Accepted Answer

A)  must hold hearings at which witnesses appear to testify about the proposed rule
B)  need not hold hearings at which witnesses appear to testify about the proposed rule
C)  must have both physical and electronic copies of all rules
D)  need only have electronic copies of all rules
E)  must have video recordings of the drafting of all relevant rules

Question 8

In a hearing at an administrative agency,to determine if the law has been violated:

Accepted Answer

A)  defendants have the right to a jury trial
B)  defendants may have a jury trial if the agency agrees to one
C)  there is no right to jury trials except in cases involving agency common law
D)  there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence
E)  none of the other choices

Question 9

Interpretative rules issued by administrative agencies are:

Accepted Answer

A)  judicial statutes with the same force and effect of law as statutes passed by Congress
B)  rules that describe an agency's organization,method of operation,and internal practices
C)  statements that may only rephrase the language of a statute passed by Congress
D)  all of the other specific choices may be in that category
E)  none of the other choices

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 did not directly address the issue of the bubble policy so it was up to the EPA whether or not to use it
D)  since the EPA is not subject to regulation by Congress,it can have whatever policy it wants
E)  since Congress gave the EPA special permission to enact whatever policy it wants,the EPA can have the bubble policy if it wants

Question 11

If Congress is not satisfied with the way an administrative agency is performing it:

Accepted Answer

A)  can change how the agency operates
B)  can only change how the agency operates if voters agree
C)  can only change how the agency operates through a Supreme Court order
D)  cannot change how the agency operates
E)  none of the other choices are correct

Question 12

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

Accepted Answer

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

Question 13

In reviewing agency informal procedures,the courts are generally most concerned that the agency procedure was fair and consistent with the intent of Congress.

Accepted Answer

A) True 
 B)False

Question 14

An administrative agency can be defined as an authority of the government,other than a legislature or a court,created to administer a particular law.

Accepted Answer

A) True 
 B)False

Question 15

The courts generally will not find that an agency's decisions are arbitrary,capricious,or an abuse of discretion if the following conditions are met except:

Accepted Answer

A)  the agency's action was approved by its Congressional oversight committee
B)  the agency has established a factual basis that is in the agency's record
C)  a reasonable person could reach the same judgment as the agency on the basis of the agency's record
D)  the agency has sufficiently explained the facts and its policy concerns
E)  all of the other choices are necessary

Question 16

Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:

Accepted Answer

A)  encouragement
B)  pleading
C)  supplication
D)  all of the other specific choices are correct
E)  none of the other specific choices are correct

Question 17

The Federal Trade Commission handles:

Accepted Answer

A)  discrimination cases
B)  employment cases
C)  international cases
D)  food and drug regulation cases
E)  none of the other choices are correct

Question 18

Administrative law judges issue written opinions after hearings on administrative complaints.

Accepted Answer

A) True 
 B)False

Question 19

Enabling statutes are also sometimes called:

Accepted Answer

A)  organic statutes
B)  regulatory statutes
C)  legislative delegations
D)  organic delegations
E)  regulatory delegations

Question 20

Administrative law judges are appointed by the president with the consent of the Senate for 10 year terms of office.

Accepted Answer

A) True 
 B)False

Exam 15: The Regulatory Process

Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:

Correct AnswerverifiedShow Answer

Administrative law judges issue written opinions after hearings on administrative complaints.

Correct AnswerverifiedShow Answer

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly.She has exhausted all administrative channels and now wishes to bring suit.Loraine should file her suit:

Correct AnswerverifiedShow Answer

In a hearing at an administrative agency,to determine if the law has been violated:

Correct AnswerverifiedShow Answer

Administrative law judges are appointed by the president with the consent of the Senate for 10 year terms of office.

Correct AnswerverifiedShow Answer

In reviewing agency informal procedures,the courts are generally most concerned that the agency procedure was fair and consistent with the intent of Congress.

Correct AnswerverifiedShow Answer

The ___________ requires that unless an exception applies,notice and prior consent are required before an agency can disclose information that concerns and identifies an individual.

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

If a statute requires that administrative rule making must be "on the record" then the agency:

Correct AnswerverifiedShow Answer

Administrative agencies are generally created by:

Correct AnswerverifiedShow Answer

Enabling statutes are also sometimes called:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following is a classification of administrative rules:

Correct AnswerverifiedShow Answer

The Federal Trade Commission handles:

Correct AnswerverifiedShow Answer

In Chevron v.NRDC the Supreme Court held that court of appeals was correct that the EPA had taken too much power to itself by allowing a "bubble" concept for air pollution regulation at major stationary sources in violation of the desire of Congress.

Correct AnswerverifiedShow Answer

An administrative agency can be defined as an authority of the government,other than a legislature or a court,created to administer a particular law.

Correct AnswerverifiedShow Answer

If Congress is not satisfied with the way an administrative agency is performing it:

Correct AnswerverifiedShow Answer

Interpretative rules issued by administrative agencies are:

Correct AnswerverifiedShow Answer

The courts generally will not find that an agency's decisions are arbitrary,capricious,or an abuse of discretion if the following conditions are met except:

Correct AnswerverifiedShow Answer

Once a business is subject to a regulation,an agency does not need a subpoena to obtain records relevant to following the regulation.

Correct AnswerverifiedShow Answer

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