blaw ch 17 pt 1

131. About how many federal agencies share the responsibility for regulating various aspects of business activity? (A) 50 (B) 125 (C) 200 (D) 250 (E) 300

50

200. The usual public comment period for substantive rules is: (A) 60 to 90 days (B) 6 to 9 months (C) 1 year (D) 5 years (E) 30 days

60 to 90 days

155. The primary structure of administrative law is determined by the: (A) Administrative Agencies Act (B) Administrative Procedures Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) Administrative Structural Act

Administrative Procedures Act

161. Regulatory agencies engage in rulemaking. This authority comes primarily from: (A) Congress, under the Commerce and Necessary and Proper Clauses (B) the Supreme Court, to enable the agencies to assist in enforcement of federal statutes (C) the President, to allow agencies to implement the programs of the administration (D) Congress, under the Commerce and Necessary and Proper Clauses and the Supreme Court, to enable the agencies to assist in enforcement of federal statutes (E) Congress, under the Commerce and Necessary and Proper Clauses and the Supreme Court, to enable the agencies to assist in enforcement of federal statutes and the President, to allow agencies to implement the programs of the administration

Congress, under the commerce and necessary and proper clauses

115. Congress created the first regulatory agency in 1887. It was called the: (A) Federal Trade Commission (B) Federal Power Commission (C) Interstate Commerce Commission (D) Federal Communications Commission (E) none of the other choices

Interstate commerce commission

137. An enabling statute is a(n): (A) federal law passed by Congress granting powers to an agency (B) local law passed by the local legislature granting powers to an agency (C) state law passed by the state supreme court granting powers to an agency (D) state law passed by the state legislature granting powers to an agency (E) unofficial mandate passed by Congress granting powers to an agency

a federal law passed by Congress granting powers to an agency

148. Administrative agencies are created when: (A) a problem requires expertise and supervision (B) voters demand one (C) Congress wants support from a group of voters (D) a problem is too small for Congress to consider itself (E) a problem arises very quickly

a problem requires expertise and supervision

113. The primary tool for local, state, and federal governments use to perform regulatory functions is the: (A) administrative agency (B) regulatory agency (C) real agency (D) courts (E) police force

administrative agency

125. A(n) ____ is an authority of the government, other than a legislature or a court, created to administer a particular law. (A) regulatory agency (B) administrative agency (C) legislative agency (D) private agency (E) litigation agency

administrative agency

150. The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as: (A) administrative law (B) tort law (C) legislative delegation law (D) agency law (E) business law

administrative law

159. Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal agencies. (A) Administrative Agencies Act (B) Administrative Procedures Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) Administrative Structural Act

administrative procedures act

172. Substantive (legislative) rules issued by agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

administrative statutes with the same force and effect of law as statutes passed by Congress

171. Which of the following is a classification of administrative rules: (A) substantive (B) legislative (C) interpretative (D) procedural (E) all of the other specific choices are correct

all of the choices are correct

154. Which of the following is a primary source of administrative law: (A) the enabling statutes of administrative agencies (B) the Administrative Procedures Act (C) rules issued by administrative agencies (D) court decisions reviewing the validity of agency actions (E) all of the other specific choices are correct

all of the other specific choices are correct

167. Which of the following is a form of rulemaking for an agency: (A) issuing formal rules or regulations (B) providing informal policy guidance documents that explain how an agency views the law (C) developing a quasi-common law through issuing decisions in individual cases (D) all of the other specific choices are correct (E) none of the other specific choices are correct

all of the other specific choices are correct

208. Which of the following is a way in which information about compliance with federal laws is obtained: (A) regulated businesses are required to self-report (B) direct observation determines if a business is following the law (C) agency subpoena power is used to require a business to produce documents (D) all of the other specific choices are correct (E) none of the other specific choices are correct

all of the other specific choices are correct

198. When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must: (A) conduct a trial-like hearing (B) examine witnesses from both sides of the issue (C) have open oral testimony by all interested parties (D) allow written commentaries by interested parties (E) all of the other choices

allow written commentaries by interested parties

129. An administrative agency is usually: (A) an international authority created by treaty (B) an arm of the federal prison system (C) a part of the federal judiciary (D) an authority of government that administers a particular law (E) created by the Supreme Court to interpret the effect

an authority of government that administers a particular law

136. A federal law passed by Congress granting powers to an agency is called: (A) a legislative deliberation (B) a public purpose statute (C) an enabling statute (D) a public interest statute (E) an administrative empowerment statute

an enabling statute

139. Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called: (A) an administrative statute (B) an enabling statute (C) a regulatory statute (D) a permanence statute (E) a public interest statute

an enabling statute

127. Administrative agencies are generally created by: (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

an enabling statute of Congress

187. Congress authorizes the EPA to regulate air quality by reducing emissions from gasoline engines. The EPA immediately bans gas engines issues such a regulation. The new regulation is probably: (A) a legal issuance of a substantive regulation (B) a legal amendment of a substantive regulation (C) a legal procedural revision of a substantive regulation (D) an improperly implemented substantive regulation (E) an improper revision of an interpretative regulation

an improperly implemented substantive regulation

120. The Federal Trade Commission handles: (A) discrimination cases (B) employment cases (C) antitrust cases (D) food and drug regulation cases (E) compensation cases

antitrust cases

210. The Environmental Protection Agency could require a company subject to its regulations concerning pollution emissions to do all of the following except: (A) bear the costs of collecting samples of emissions on a regular basis and report to the EPA (B) bear the cost of installing pollution monitoring equipment required by the EPA (C) make reports to the EPA on a regular basis about progress being made on improvements in pollution control (D) bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control (E) bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA

bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA

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

can change how the agency operates

134. A legislative delegation: (A) does not delegate to an agency the power to perform its regulatory purpose (B) delegates to an agency the power to perform its regulatory purpose (C) describes to an agency the guidelines for performing its regulatory purpose (D) describes to a court an agency's power (E) delegates responsibilities within an already created agency

delegates to an agency the power to perform its regulatory purpose

164. Administrative agencies engage in rulemaking to: (A) develop regulatory policies (B) determine if Congressional statutes should be implemented (C) determine rules for court procedures (D) determine rules for Executive branch operations (E) all of the other choices

develop regulatory policies

Testing by the EPA for excessive air pollution emissions is an example of acquiring information by: (A) indirect observation (B) direct observation (C) power of subpoena (D) direct enforcement (E) obvious observation

direct observation

141. A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority. (A) administrative statute (B) enabling statute (C) regulatory statute (D) permanence statute (E) public interest statute

enabling statute

145. Organic statue is another term for: (A) enabling statute (B) regulatory statute (C) legislative delegation (D) organic delegation (E) none of the other choices are correct

enabling statute

186. In contrast to legislative rules, interpretative rules are: (A) exempt from the notice and comment requirements of the APA (B) not exempt from the notice and comment requirements of the APA (C) exempt from the rule of law (D) not exempt from the rule of law (E) exempt from the commerce clause

exempt from the notice and comment requirements of the APA

196. When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the: (A) Congressional Quarterly (B) Administrative Reporter (C) Federal Supplement (D) Federal Register (E) Code of Federal Regulations

federal register

209. The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits, the EPA may: (A) demand the factory measure the pollution and report if it is violating the law or not (B) have EPA employees measure the air at the factory to see if it is violating the law or not (C) get a subpoena from a court to force the company to produce documents concerning pollution from the factory (D) have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory (E) have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not

have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not

202. During a formal rulemaking process, an agency may: (A) send the proposed rule to the oversight committee in Congress for a vote (B) send the proposed rule to the U.S. Court of Appeals for review of constitutionality (C) hold an investigatory hearing that may include witnesses who testify about the rule (D) all of the other specific choices (E) none of the other choices

hold an investigatory hearing that may include witnesses who testify about the rule

Suppose EPA requires polluters to report compliance with air pollution emission regulations. Which of the following statements could be true, given the power EPA is likely to have: (A) if a firm does not exceed pollution limits but fails to file reports, it may be fined (B) if a firm does exceed pollution limits and fails to file reports, it may be fined (C) if a firm does exceed pollution limits, it may be fined even if it does file reports on time (D) if a firm does exceed pollution limits and fails to file reports, it may be fined and if a firm does exceed pollution limits, it may be fined even if it does file reports on time (E) if a firm does exceed pollution limits and fails to file reports, it may be fined, and if a firm does exceed pollution limits, it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports, it may be fined

if a firm does exceed pollution limits and fails to file reports, it may be fined, and if a firm does exceed pollution limits, it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports, it may be fined

184. ____are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute. (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

interpretive rules

132. Congress gives an agency power and authority through a(n): (A) authoritative delegation (B) statute delegation (C) legislative delegation (D) public delegation (E) empowering delegation

legislative delegation

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

must hold hearings at which witnesses appear to testify about the proposed rule

143. Enabling statutes are also sometimes called: (A) organic statutes (B) regulatory statutes (C) legislative delegations (D) organic delegations (E) regulatory delegations

organic statutes

169. Administrative rules are classified as substantive (legislative), interpretative, and: (A) regulatory (B) investigative (C) prospective (D) procedural (E) none of the other choices

procedural

190. The details of an agency's structure and how it operates internally are covered in: (A) procedural rules (B) agency rules (C) structural rules (D) formal rules (E) interpretative rules

procedural rules

192. ____ detail an agency's structure and describe its method of operation and its internal practices. (A) procedural rules (B) agency rules (C) structural rules (D) formal rules (E) interpretative rules

procedural rules

180. When an agency issues a substantive rule, it is generally required by the APA to: (A) interview all parties who will be affected by the regulation before it issues a final order (B) provide public notice and the opportunity for interested parties to comment (C) inform the President of the proposed rule (D) receive the approval of both houses of Congress before it issues a final order (E) inform the President of the proposed rule and receive the approval of both houses of Congress before it issues a final order and interview all parties who will be affected by the regulation before it issues a final order

provide public notice and the opportunity for interested parties to comment

118. The first modern federal regulatory agency was created in 1887 to regulate: (A) taxes (B) food and drugs (C) railroads (D) communications (E) courts

railroads

211. Agencies with statutory authority to require businesses to provide information may do which of the following: (A) require businesses to self-report on a regular basis (B) rely on observation by the agency by physical inspections (C) issue subpoenas, which force businesses to disclose relevant information from their files (D) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files (E) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis

rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis

Administrative agencies enforce regulations by doing which of the following: (A) requiring businesses to self-report (B) direct observation by agency personnel (C) direct observation by Congressional staff (D) requiring businesses to self-report and direct observation by agency personnel (E) requiring businesses to self-report and direct observation by agency personnel and direct observation by Congressional staff

requiring businesses to self-report and direct observation by agency personnel

166. An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of: (A) document drafting (B) rule making (C) rule enforcing (D) rule writing (E) rule passing

rule making

188. Procedural rules issued by administrative agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

rules that describe an agency's organization, method of operation, and internal practices

206. 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: (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

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

182. Interpretative rules issued by administrative agencies are: (A) statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice (B) judicial statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice

194. Which classification of administrative rules are usually the most important: (A) interpretative (B) agency (C) procedural (D) substantive (E) none of the other choices are correct

substantive

174. Administrative laws with the same force of law as statutes enacted by Congress are: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

substantive rules

176. Which classification of administrative laws have the same force of law as statues enacted by Congress: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

substantive rules

178. Which classification of administrative laws results in a rule being a federal law: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

substantive rules

205. Who ensures that an agency has not exceeded its authority or violated proper procedure in issuing a final rule: (A) the state supreme courts (B) the U.S. Court of Appeals (C) the President of the United States (D) Congress (E) the House of Representatives

the US court of appeals

153. The primary source(s) of administrative law include(s): (A) the Legislative Delegation Act (B) the Administrative Procedures Act (C) court decisions reviewing agency decisions (D) the Administrative Procedures Act and court decisions reviewing agency decisions (E) the Administrative Procedures Act and court decisions reviewing agency decisions and the Legislative Delegation Act

the administrative procedures act and court decisions reviewing agency decisions

162. Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s) of the Constitution: (A) the trade clause (B) the agency clause and the property clause (C) the agency clause and the regulatory clause (D) the commerce clause and the necessary and proper clause (E) the defense clause

the commerce clause and the necessary and proper clause

152. The primary source(s) of administrative law include(s): (A) the Administrative Procedures Act (B) the enabling statutes of the administrative agencies (C) court decisions reviewing agency decisions (D) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions (E) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

124. An agency created during the late 1960s or early 1970s is: (A) the International Trade Commission (B) the Environmental Protection Agency (C) the Equal Employment Opportunity Commission (D) the International Trade Commission and the Environmental Protection Agency (E) the Environmental Protection Agency and the Equal Employment Opportunity Commission

the environmental protection agency and the equal employment opportunity commission

123. Among the significant agency(s) created during the 1930s were: (A) the Federal Communications Commission (B) the Securities and Exchange Commission (C) the Federal Trade Commission (D) the Federal Communications Commission and the Securities and Exchange Commission (E) the Federal Communications Commission and the Securities and Exchange Commission and the Federal Trade Commission

the federal communications commission and the securities exchange commission

117. The Interstate Commerce Commission was the: (A) first modern federal regulatory agency (B) the most famous modern federal regulatory agency (C) the latest modern federal regulatory agency (D) the biggest modern federal regulatory agency (E) the smallest modern federal regulatory agency

the first modern federal regulatory agency

122. A major notable expansion in administrative agencies came during which period: (A) the Good Times Era (B) the Revolutionary War (C) the Civil War (D) the Great Depression (E) none of the other choices

the great depression

114. According to the Supreme Court, what is one of the most significant legal trends of the last century: (A) the decline of administration bodies (B) the rise of administration bodies (C) the decline of tort suits (D) the rise of tort suits (E) the decline of cases taken to the Supreme Court

the rise of administration bodies

213. Businesses have contested fines resulting from regulations that require mandatory selfreporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that: (A) the self-incrimination privilege of the 5th Amendment applies to individuals only (B) corporations are not protected by the self-incrimination privilege of the 5th Amendment (C) the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for civil penalties (D) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment (E) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment and the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for

the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment

147. Administrative agencies are often created by Congress because: (A) they can consider technical details more effectively than Congress (B) they can handle litigation more quickly than can the judicial system (C) they have the ability to monitor a regulated industry on a continuous basis (D) they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis (E) they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis and can handle litigation more quickly than can the judicial system

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis

157. The primary purpose of the Administrative Procedures Act is: (A) to provide the judiciary with procedural rules in administrative cases (B) to define procedural rules and formalities of administrative agencies (C) to create a federal bureaucracy to handle the complex problems of business (D) to regulate the procedural requirements of criminal law (E) to amend the common law so the courts can delegate some of their authority to administrative agencies

to define procedural rules and formalities of administrative agencies