Legal M1.2

Which of the following statements is true of factors influencing agency decisions?

At public hearings, interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule or regulation

If substantial evidence in support of a decision is present, the court will review an administrative agency's findings once again. (T/F)

False

The Environmental Protection Agency (EPA) regulates civil aviation to provide safe and efficient use of airspace(T/F)

False

The primary focus of policymaking by way of social regulation has been on balancing the costs of regulatory programs with their potential benefits (T/F)

False

Which of the following statements is true of the doctrine of exhaustion of remedies?

It allows an agency to discover and correct its own errors, and thus it helps to dispense with any reason for judicial review.

Any party seeking the judicial review of any administrative agency's decision must be able to prove:

Standing to use

Which of the following federal agencies protects the public from anticompetitive behavior and unfair and deceptive business practices?

The Federal Trade Commission (FTC)

Which of the following is an issue of administrative agencies that relates to personnel?

The administrative process finds it difficult to discharge unsatisfactory employees

Which of the following is a criticism of the administrative process relating specifically to procedures?

The rules and regulations of the procedures are written in complex legal language, which laypeople cannot understand.

Congress uses more and more general language in stating its regulatory aims and purposes (T/F)

True

Substantial evidence is that which a reasonable mind might accept as adequate to support a conclusion.(T/F)

True

The doctrine of primary jurisdiction is invoked when referral to an agency is preferable because of its specialized knowledge or expertise in dealing with the matter in controversy.(T/F)

True

The procedures developed by administrative agencies are less formal than judicial procedures (T/F)

True

The ________ function of an administrative agency involves both fact-finding and applying law to the facts

adjudicating

The Federal Reserve Board (FRB) found that Parson Inc., a newly established financial company, had violated banking laws. The company was involved in transactions that were prohibited by the United States government. Along with imposing a hefty fine, the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future. This order is an example of a(n) ____

cease and desist order

The doctrine of ________ is a court-created rule that limits when courts can review administrative decisions.

exhaustion of remedies

The ________ has significant impact on policy and is often as powerful as a commissioner or board member.

general counsel

Which of the following members of an agency requires Senate approval while being appointed?

general counsel

The administrative process can give rise to too much discretionary power, often unstructured, and unchecked. This is a criticism of the administrative process relating to

procedures

The mere existence of most government programs automatically creates a new agency or expands the functions of an existing one. These agencies are providing

services