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

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An administrative agency cannot hold a hearing without a jury.

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Members of administrative agencies are ordinarily


A) pre-selected.
B) elected.
C) assigned.
D) appointed.

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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 the above

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Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.

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A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

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The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

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The most recent addition to the American governmental structure is the:


A) executive branch.
B) administrative agency.
C) judicial branch.
D) legislative branch.

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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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The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

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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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A consent decree is an informal settlement of an enforcement action brought by an administrative agency.

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Which of the following is true about judicial review of agency action?


A) Judges tend to substitute their own judgment for that of the agency.
B) Courts will reverse agency decisions merely because the court would have made a different decision based on the same facts.
C) Courts will reverse a decision if they disagree with the legal interpretation.
D) All of the above

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The public has access to the activity of administrative agencies in three ways: (1)open records,(2)open meetings,and (3)public announcement of agency guidelines.

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

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Before an agency can begin rulemaking proceedings it must be given jurisdiction:


A) by congressional enactment in the form of a statute.
B) granted by an executive order of the President of the United States.
C) from the United States Supreme Court.
D) none of the above.

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Concerning administrative investigations:


A) agencies are severely limited by the constitutional protection against unreasonable searches and seizures.
B) a search warrant is always required to search premises.
C) papers and records generally may be subpoenaed by an agency.
D) a person does not have constitutional protection against unreasonable searches and seizures.

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