BLW 411 Ch 17 Final Exam

12.) The Department of Education proposed a new rule that was published in the Federal Register. What is the next step in the process? A.) Public comment B.) Final publication C.) Revision D.) Study and research

A.) Public comment

20.) The Administrative Procedures Act does all of the following except A.) establishing the number of senators who must vote to approve the nomination of a senior member of a federal agency. B.) imposing specific procedural structures on administrative agencies duties of rulemaking. C.) imposing due process requirements with regard to adjudication and other agency functions. D.) providing for the judicial review of agency actions and determinations.

A.) establishing the number of senators who must vote to approve the nomination of a senior member of a federal agency.

5.) The Department of Homeland Security proposed new rules for the oversight of U.S. national borders. The rules were a substantial change from the original guidelines. After the members of the department studied and researched the issue and its effect on the department and how it achieved the goals set out by Congress in the enabling legislation, the next step in the process would be A.) publication of the proposed rule. B.) revision of the rule. C.) judicial challenge. D.) public comment.

A.) publication of the proposed rule.

11.) With regard to the president's power over appointments in independent agencies that report directly to the president, the president has the power to A.) remove principal officers of agencies at any time with or without cause and without congressional approval. B.) remove principal officers, but only with cause and with congressional approval. C.) remove principal officers without congressional approval, but only if they pose a direct threat to the safety and wellbeing of the United States. D.) appoint principal officers, but not to remove them, only Congress can remove principal officers from agencies.

A.) remove principal officers of agencies at any time with or without cause and without congressional approval.

10.) With regard to the relationship between courts and administrative agencies, the U.S. Supreme Court has consistently held that the courts A.) should defer to administrative agencies and not substitute their judgment for that of an agency. B.) should never defer to administrative agencies, as to do so would abdicate their responsibility over judicial review. C.) should defer to administrative agencies only when their decision is clearly in the best interests of the regulated public. D.) have no power to override the decisions of administrative agencies.

A.) should defer to administrative agencies and not substitute their judgment for that of an agency.

17.) The Securities Exchange Commission is proposing new rules for the presentation of financial statements by publicly traded corporations. The agency expects to hear from several public accounting firms and corporations about the expected effects of the regulation. This is an example of what rulemaking phase? A.) Publication of the rule. B.) Revision. C.) Public comment. D.) Study and research.

C.) Public comment.

18.) What is the last step in the agency rulemaking process? A.) Determining legislative authority B.) Reasoned decision making C.) Revision or final publication D.) Conclusive proposal

C.) Revision or final publication

4.) Thomas is a private citizen who wants to review the records of the SEC, a federal agency. Which of the following federal laws might support his right to this access? A.) The Open Records Statute B.) The Clear Sky Act C.) The Freedom of Information Act D.) The Government in the Sunshine Act.

C.) The Freedom of Information Act

14.) Katrina is upset that the Federal Agency of Secretive Things has refused to make information about their activities public. She wants the agency to hold some of their meetings in public. Which of the following would support her desire? A.) The Freedom of Information Act B.) The Open Meetings Disclosure Act C.) The Government in the Sunshine Act D.) There is no provision in federal law requiring that government agencies conduct any meetings in public.

C.) The Government in the Sunshine Act

19.) Sheila filed a citizen's suit against the Department of Airplane Safety. Which of the following would Shiela's suit not be allowed to attack? A.) Any rule or regulation passed by the agency. B.) Rules that were passed in good faith by the agency. C.) The substance of a regulation properly promulgated. D.) The substance of a regulation improperly promulgated.

C.) The substance of a regulation properly promulgated.

7.) What function is Horatio, an administrative court judge in a federal agency, fulfilling when he decides whether a corporation violated a rule of his agency? A.) rulemaking B.) investigation C.) adjudication D.) enabling

C.) adjudication

9.) Theophilus sued the Department of Train Punctuality (DTP) for alleged failure to enforce their own regulations, which resulted in thousands of dollars of losses to his business. Which of the following would this action be known as? A.) class action lawsuit B.) substantive suit C.) citizen suit D.) sunshine suit

C.) citizen suit

1.) Under the Administrative Procedures Act, a federal district court judge has the power to void federal agency actions or aside actions inconsistent with the Constitution under the general power of whom? A.) congressional override. B.) agency nullification. C.) judicial review. D.) congressional review.

C.) judicial review.

8.) Josephine owned a fleet of school buses. The Department of School Bus Safety (DSBS) regulated school buses in the United States and Josephine's business was authorized by the DSBS to provide buses under the program. Due to numerous safety violations, the DSBS fined Josephine's business. This is an example of the DSBS's power over A.) circumspection. B.) appeals. C.) licensing. D.) instigation.

C.) licensing.

6.) The Department of Cute Ferrets, a U.S. federal government agency, has decided to make some revisions to a final agency rule. The proposed revisions are minor and within the original scope of the rule. These revisions will not automatically trigger the requirement for a second public comment period under the A.) arbitrary and capricious standard. B.) Chevron test. C.) logical-outgrowth test. D.) substantial and material test.

C.) logical-outgrowth test.

13.) The Federal Agency of Automotive Repairs (FAAP) revised a rule that had been originally proposed but not yet published as final. Under these circumstances, what is the legal obligation that the FAAP has to provide in terms of additional comment periods? A.) The FAAP has the obligation to provide one additional comment period. B.) The FAAP has the obligation to provide three additional comment periods. C.) The FAAP has the obligation to provide as many additional comment periods as interested parties require. D.) The FAAP has no obligation to provide an additional comment period.

D.) The FAAP has no obligation to provide an additional comment period.

16.) A federal agency sought to inspect Hi-Tech Solutions, a business that was considered pervasively regulated. Under these circumstances, what must the federal agency obtain to conduct a regularly scheduled inspection of Hi-Tech Solutions? A.) An administrative warrant supported by probable cause. B.) An administrative warrant supported by evidence beyond a reasonable doubt. C.) An administrative warrant supported by a reasonable suspicion. D.) The agency needs to obtain no warrant.

D.) The agency needs to obtain no warrant.

3.) Zelda, the CEO of Fullerton Corporation, felt that a federal agency had enforced a rule in a manner that unfairly affected Fullerton and others in Fullerton's industry. Zelda challenged the final administrative rule in federal court on behalf of Fullerton. What standard will the court apply in reviewing the rule? A.) The standard application rule B.) The judicial deference rule C.) The enforcement and restrictions rule D.) The arbitrary and capricious rule

D.) The arbitrary and capricious rule

15.) In which of the following occasions would formal rulemaking be used by a federal agency? A.) In all circumstances when rules are made. B.) In no circumstances when rules are made. C.) When Congress has specifically indicated in the enabling statute that agency rules must be made off the record before a hearing. D.) When Congress has specifically indicated in the enabling statute that agency rules must be made on the record after a hearing.

D.) When Congress has specifically indicated in the enabling statute that agency rules must be made on the record after a hearing.

2.) The power of federal agencies as to when and whom to regulate is known as A.) agency overview B.) federal discretion C.) agency discretion D.) prosecutorial discretion

D.) prosecutorial discretion