BUL Chap. 6

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by a. Congress, through enabling legislation b. the courts, through the adjudicatory process c. the U.S. Constitution, in Article I, Section 8 d. the president, through an executive order

a. Congress, through enabling legislation

A failure of the U.S. Drug Enforcement Administration to comply with a request under the Freedom of Information Act (FOIA) may be challenged in a. a federal district court b. a hearing before the U.S. Freedom of Information Agency c. a meeting with Congress's FOIA subcommittee d. a special conference with the president of the United States

a. a federal district court

In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts 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

a. are usually reluctant to review questions of fact

The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely a. issue a formal complaint against Gross Farm b. do nothing c. file a petition with the U.S. Supreme Court d. impose immediate sanctions on Grosse Farm

a. issue a formal complaint against Gross Farm

A federal administrative agency must alert small businesses--through advertising in trade journals, for example--about forthcoming regulations. a. true b. false

a. true

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

a. true

Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations. a. true b. false

a. true

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses. a. true b. false

a. true

Few agency rules require considerable compliance reporting from regulated entities. a. true b. false

b. false

Legislative rules simply declare policy and do not affect legal rights or obligations. a. true b. false

b. false

Like statutory law, administrative law is created by legislatures. a. true b. false

b. false

Unlike statues, administrative regulations do not have a binding effect. a. true b. false

b. false

Warrants are required to conduct administrative searches in all highly regulated industries. a. true b. false

b. false

federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation. a. true b. false

b. false

The U.S. Food Safety and Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in a. all industries b. highly regulated industries c. no industries d. newly regulated industries only

b. highly regulated industries

Armando is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an administrative law judge if he is served with a. an order for specific performance b. an executive order c. a subpoena d. a search warrant

c. a subpoena

Personnel Employment, Inc., has been ordered to appear at a hearing before an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that a. attorneys are not allowed to attend administrative hearings b. clients are not allowed to communicate with their attorneys during administrative 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

c. hearsay can be introduced as evidence in an administrative hearing

To notify the public of a proposed rule, the U.S. Office of Labor-Management Standards, like other federal agencies, publishes the proposal in a. the Administrative Procedure Act b. the Code of Federal Regulations c. the Federal Register d. the United States Code

c. the Federal Register

Closed meetings of the National Security Agency and other federal administrative agencies are permitted when a. the subject of the meeting concerns accusing a person of a crime b. open meetings would frustrate the implementation of future actions c. the subject of the meeting involves matters relating to future litigation or rulemaking d. all of the choices

d. all of the choices

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision a. followed a consideration of legally appropriate factors b. justifiably changed the agency's prior policy c. was accompanied by a rational explanation d. was plainly contrary to the evidence

d. was plainly contrary to the evidence