Question 1

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

Accepted Answer

A) True 
 B)False  False

Question 2

Caleb is a witness in a contro?versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis?trative law judge if he is served with

Accepted Answer

A)  an order for specific performance.
B)  a rule for parol evidence.
C)  a subpoena.
D)  a politely worded request.

Question 3

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Accepted Answer

A)  agency coercion.
B)  infiltrating Verity's computers without the firm's knowledge.
C)  public comment.
D)  Verity's consent.

Question 4

Power-Plus Battery Company (PPBC)makes batteries for motor vehicles.The Occupational Safety and Health Administration (OSHA)proposes a safety rule governing the handling of ac?ids in the workplace,including chemi?cals PPBC uses in its operations.PPBC concludes that the rule will involve sub?stantial compliance costs without significantly increasing workplace safety.PPBC sends a letter to OSHA indicating its objections to the pro?posed rule and enclosing research reports and other data sup?porting those objections.Does OSHA have any obligation to consider these objec?tions? What procedures must OSHA follow when it makes new rules,such as this one?

Accepted Answer

In formulating new rules,a federal admin...

Question 5

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx wants a court to review it.First,however,the firm must use all of the potential administrative remedies.This is

Accepted Answer

A)  an actual controversy at issue.
B)  standing to sue.
C)  the exhaustion doctrine.
D)  the ripeness doctrine.

Question 6

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Accepted Answer

A) True 
 B)False

Question 7

In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts

Accepted Answer

A)  are usually reluctant to review questions of fact.
B)  rarely defer to the technical expertise of administrative agencies.
C)  often rule on the merits of policy determinations.
D)  never defer to an agency's interpretation of law.

Question 8

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 9

Administrative law is created by administrative agencies,not by legislatures.

Accepted Answer

A) True 
 B)False

Question 10

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Accepted Answer

A) True 
 B)False

Question 11

All federal government agencies must make their records available electronically on the Internet.

Accepted Answer

A) True 
 B)False

Question 12

Labor Recruiters,Inc. ,has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board.A significant difference between a trial and an administrative hearing is that

Accepted Answer

A)  attorneys are not allowed to attend administrative hearings.
B)  clients are not allowed to communicate with their attorneys dur?ing adminis?trative hearings.
C)  hearsay can be introduced as evidence in an administrative hearing.
D)  the burden of proof is on the charged party to prove innocence.

Question 13

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

Accepted Answer

A)  all industries.
B)  highly regulated industries.
C)  no industries.
D)  newly regulated industries only.

Question 14

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Accepted Answer

A) True 
 B)False  True

Question 15

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Accepted Answer

A) True 
 B)False

Question 16

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

Accepted Answer

A) True 
 B)False

Question 17

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically altered agricultural products should con?cen?trate their lobbying ef?forts on

Accepted Answer

A)  Congress.
B)  federal administrative agencies that oversee agricultural products.
C)  the United States Supreme Court.
D)  the president of the United States.

Question 18

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

Accepted Answer

A) True 
 B)False

Question 19

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies,the IRS was created by

Accepted Answer

A)  Congress,through enabling legislation.
B)  the courts,through the adjudicatory process.
C)  the U.S.Constitution,through the _ Amendment.
D)  the U.S.Department of the Treasury,through a final order.

Question 20

The Federal Highway Administration uses notice-and-comment rulemaking.This process begins with

Accepted Answer

A)  a request to Congress to enact enabling legislation.
B)  the filing of a complaint against a charged party.
C)  the publication of a notice of proposed rulemaking.
D)  the solicitation of public comments. C

Exam 44: A: Administrative Law

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

Correct Answer
verified
False

Caleb is a witness in a contro?versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis?trative law judge if he is served with

Correct Answer
verified

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Correct Answer
verified

Correct Answer
verified
In formulating new rules,a federal admin...
View Answer

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx wants a court to review it.First,however,the firm must use all of the potential administrative remedies.This is

Correct Answer
verified

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Correct Answer
verified

In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts

Correct Answer
verified

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Correct Answer
verified

Administrative law is created by administrative agencies,not by legislatures.

Correct Answer
verified

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Correct Answer
verified

All federal government agencies must make their records available electronically on the Internet.

Correct Answer
verified

Labor Recruiters,Inc. ,has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board.A significant difference between a trial and an administrative hearing is that

Correct Answer
verified

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

Correct Answer
verified

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Correct Answer
verified
True

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Correct Answer
verified

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

Correct Answer
verified

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically altered agricultural products should con?cen?trate their lobbying ef?forts on

Correct Answer
verified

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

Correct Answer
verified

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies,the IRS was created by

Correct Answer
verified

The Federal Highway Administration uses notice-and-comment rulemaking.This process begins with

Correct Answer
verified
C

Exam 44: A: Administrative Law

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

Correct AnswerverifiedFalse

Caleb is a witness in a contro?versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis?trative law judge if he is served with

Correct AnswerverifiedShow Answer

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Correct AnswerverifiedShow Answer

Correct AnswerverifiedIn formulating new rules,a federal admin...View AnswerShow Answer

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx wants a court to review it.First,however,the firm must use all of the potential administrative remedies.This is

Correct AnswerverifiedShow Answer

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Correct AnswerverifiedShow Answer

In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts

Correct AnswerverifiedShow Answer

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Correct AnswerverifiedShow Answer

Administrative law is created by administrative agencies,not by legislatures.

Correct AnswerverifiedShow Answer

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Correct AnswerverifiedShow Answer

All federal government agencies must make their records available electronically on the Internet.

Correct AnswerverifiedShow Answer

Labor Recruiters,Inc. ,has been ordered to appear at a hearing be?fore an administrative law judge of the National Labor Relations Board.A significant difference between a trial and an administrative hearing is that

Correct AnswerverifiedShow Answer

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in

Correct AnswerverifiedShow Answer

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Correct AnswerverifiedTrue

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Correct AnswerverifiedShow Answer

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

Correct AnswerverifiedShow Answer

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically altered agricultural products should con?cen?trate their lobbying ef?forts on

Correct AnswerverifiedShow Answer

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

Correct AnswerverifiedShow Answer

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies,the IRS was created by

Correct AnswerverifiedShow Answer

The Federal Highway Administration uses notice-and-comment rulemaking.This process begins with

Correct AnswerverifiedC

Correct Answer
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False

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Correct Answer
verified
In formulating new rules,a federal admin...
View Answer

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True

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C