LEGS 3010- CH 44

Which of the following is involved when an agency is referred to as a "captured" agency?

-A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency. -A belief that agency officials are unduly influenced by their political party. -A belief that agency officials are unduly influenced by politicians in the state in which the agency is located. -A belief that agency officials are unduly influenced by politicians in states most affected by the regulations issued by the agency. -A belief that agency officials are unduly influenced by the desires of Congress. While some argue that agency employees who have been deeply engaged in an industry know it best, others refer to an agency in this situation as a "captured" agency.

Which of the following is not a basic limit on agency power?

-Political -Statutory -Informational -Approved -Judicial There are four basic limits on agency power: political, statutory, judicial, and informational.

Examples of independent agencies include all but which of the following _______.

-the Federal Trade Commission -the Federal Aviation Agency -Securities and Exchange Commission -Federal Communications Commission -there are no independent agencies, only executive agencies Examples of independent agencies include the Federal Trade Commission (FTC), the Securities and Exchange Commission (SEC), and the Federal Communications Commission (FCC).

________ is an order issued by an agency to appear at a particular time and place and provide testimony.

A subpoena A subpoena is an order to appear at a particular time and place and provide testimony.

Parties in a dispute before an administrative law judge may reach a settlement via a[n] _______.

Consent order The ALJ will try to convince the parties to reach a settlement via a consent order.

_______ are what Congress uses to create administrative agencies.

Enabling statutes Administrative agencies are created by Congress through passage of enabling legislation, which is a statute that specifies the name, functions, and specific powers of the new agency.

Which agency was the first administrative agency created by Congress in the U.S. designed to help combat the anti-competitive nature of the railroads?

Interstate Commerce Commission. The first federal administrative agency, the Interstate Commerce Commission (ICC), was created by Congress near the end of the 19th century as a means to better control the anticompetitive conduct of railroads.

_______ rules of an agency are policy expressions that have the effect of law.

Legislative Legislative rules are policy expressions that have the effect of law.

Which of the following types of rules are rules regarding the internal operations of an agency?

Procedural Procedural rules govern the internal operations of the agency.

Varon was ordered by an administrative agency to appear before them and bring with him all of the documents associated the with the case before them. This order is known as a(n)

subpoena duces tecum A subpoena duces tecum is an order to appear and bring specified documents.