ch 17 true/false

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57. Only civil penalties may be imposed on violators of regulations imposed by administrative agencies. (A) True (B) False

False

6. The Securities and Exchange Commission (SEC) is a major administrative agency created during the late 1960s. (A) True (B) False

False

62. Most "informal" agency procedures are more costly than formal procedure. (A) True (B) False

False

55. Businesses do not have to comply with subpoenas from regulatory agencies, they must come from a U.S. Attorney to be fully enforceable. (A) True (B) False

False

56. Businesses do not have to provide confidential information to a government agency in administrative law matters. (A) True (B) False

False

36. Comments that are filed by interested members of the public about proposed regulations can form the basis of a legal challenge to a rule that is finalized and failed to take note of a valid critical comment. (A) True (B) False

True

99. Before an appeal of the decision of an administrative agency may be made to a federal court, all appeal processes within the agency must be exhausted first. (A) True (B) False

True

35. Most comments on proposed rules are submitted in writing, rather than given as oral testimony. (A) True (B) False

True

41. In Chevron v. NRDC the Supreme Court held that court of appeals was correct that the EPA had taken too much power to itself by allowing a "bubble" concept for air pollution regulation at major stationary sources in violation of the desire of Congress. (A) True (B) False

False

45. Once a business is subject to a regulation, an agency does not need a subpoena to obtain records relevant to following the regulation. (A) True (B) False

False

46. The Supreme Court has ruled that agencies have the right to control all aspects of material posted on the Internet. (A) True (B) False

False

47. Agency inspections by direct observation of a business and its activities always require a search warrant. (A) True (B) False

False

48. The Supreme Court has ruled that agencies do not need search warrants to inspect business property. (A) True (B) False

False

49. As a result of the Supreme Court case Dow Chemical v. U.S., administrative agencies are required to obtain a search warrant before they conducted observations. (A) True (B) False

False

51. In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because business property is not protected by the 4th Amendment, unlike personal property. (A) True (B) False

False

53. Agencies may obtain subpoenas, allowing them to inspect regulated facilities, only by a showing to a federal judge or magistrate of suspected violations. (A) True (B) False

False

10. Administrative agencies are generally created by the Supreme Court to solve a legal problem that requires expertise, flexibility, and continuous supervision. (A) True (B) False

False

103. A court's review of an agency's procedural requirements is generally "minimal." (A) True (B) False

False

105. Congress requires all regulatory agencies to compute cost-benefit and risk analysis to justify major new regulations prior to their being issued. (A) True (B) False

False

107. The Freedom of Information Act requires federal agencies to make public all information gathered in investigations. (A) True (B) False

False

111. In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that under federal law responses must be filed within 30 days or there could be no review. (A) True (B) False

False

14. The Federal Administrative Act established many of the basic principles of modern administrative law. (A) True (B) False

False

17. A key source of administrative law is the Government in the Sunshine Act. (A) True (B) False

False

19. Once an agency has been granted authority to control an area of concern, such as the EPA controls certain pollution, Congress may not interfere with agency functions. (A) True (B) False

False

2. The first federal administrative agency was the Federal Trade Commission. (A) True (B) False

False

20. Agency regulations issued under proper rulemaking procedures require approval by the President. (A) True (B) False

False

23. Substantive or legislative rules are statements issued by an agency to provide its staff and the public with guidance about interpretation of a statute or regulation. (A) True (B) False

False

26. When agencies write substantive (legislative) rules they must receive approval of Congress before becoming effective. (A) True (B) False

False

27. All administrative rules are formally called procedural rules. (A) True (B) False

False

3. The Federal Trade Commission was established in 1935 to attack monopolies. (A) True (B) False

False

30. Interpretative rules may never be challenged by parties affected by such rules. (A) True (B) False

False

31. Rules that identify an agency's structure, method of operation, or detail its internal practices are called substantive or legislative rules. (A) True (B) False

False

34. After a regulation is finalized in the Federal Register it is no longer subject to review. (A) True (B) False

False

37. Comments on proposed regulations may be filed only by parties with standing to address the regulation. (A) True (B) False

False

38. In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must review the matter "de novo" like any other case that has been appealed. (A) True (B) False

False

4. Many federal administrative agencies were created during the Civil War. (A) True (B) False

False

65. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that the citation would be stricken because there was evidence of bias and hostility by the inspector toward the company. (A) True (B) False

False

70. An adjudicatory hearing by an agency about a regulatory violation is often requested by companies hoping to clear the matter. (A) True (B) False

False

71. An adjudicatory hearing may be informal, not subject to procedural rules, so that the parties may negotiate a resolution without concern for details. (A) True (B) False

False

73. Administrative law judges are appointed by the president with the consent of the Senate for 10 year terms of office. (A) True (B) False

False

75. At administrative hearings run by administrative law judges, witnesses may not be called. (A) True (B) False

False

76. The Supreme Court has established the right of a citizen to demand a jury trial in administrative hearings run by administrative law judges. (A) True (B) False

False

77. Decisions of Administrative Law Judges are the final resolutions of administrative complaint matters. (A) True (B) False

False

78. Decisions of Administrative Law Judges may be appealed directly to the Supreme Court. (A) True (B) False

False

81. Judicial review of administrative agency actions may only look for evidence of violations of constitutional rights. (A) True (B) False

False

82. A party injured by an administrative rule always has the right to seek review of the rule in federal court. (A) True (B) False

False

83. The Administrative Procedures Act controls the appeals process from agency actions. (A) True (B) False

False

84. All federal courts have jurisdiction to hear appeals from administrative agency actions. (A) True (B) False

False

86. For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, interest, challenge, and exhaustion. (A) True (B) False

False

89. In Japan, administrative law, in general, has less impact on business than in the U.S. (A) True (B) False

False

9. There are about 250 federal regulatory agencies issuing about two thousand pages of regulations each year. (A) True (B) False

False

90. All citizens have standing, under the Constitution, to challenge the constitutionality of any new regulation. (A) True (B) False

False

91. In Lujan v. Defenders of Wildlife, the Supreme Court upheld the standing of an environmental group to challenge construction of a dam in Egypt supported by U.S. aid where construction threatened an endangered crocodile. (A) True (B) False

False

93. In Lujan v. Defenders of Wildlife, the Supreme Court held that for a party to have standing to challenge an administrative decision they must be "an interested party." (A) True (B) False

False

95. In Summers v. Earth Island Institute the Supreme Court held that an environmental group had standing as representatives of concerned citizens to seek judicial review of a Forest Service decision to log a burned area of forest. (A) True (B) False

False

96. In Summers v. Earth Island Institute the Supreme Court held that environmental and other citizen groups have the right to intervene to challenge most regulatory decisions. (A) True (B) False

False

1. Congress established the Interstate Commerce Commission as the first federal agency to regulate railroads. (A) True (B) False

True

100. A court's review of an agency's substantive determinations generally receives the lowest scope of judicial review. (A) True (B) False

True

101. In general, a court will overturn an agency's substantive determination only if it is arbitrary and capricious. (A) True (B) False

True

102. One meaningful check on administrative agencies is judicial review. (A) True (B) False

True

104. Congress can control agency activities through the budget process. (A) True (B) False

True

106. The Data Quality Act requires agencies to ensure the quality of scientific, technical and economic information in regulatory standards. (A) True (B) False

True

108. The Privacy Act protects information about individuals from full disclosure by administrative agencies. (A) True (B) False

True

109. The Government in the Sunshine Act holds that if an agency decision is made at a meeting held in violation of the Sunshine Act, the decision is valid. (A) True (B) False

True

11. An administrative agency can be defined as an authority of the government, other than a legislature or a court, created to administer a particular law. (A) True (B) False

True

110. The Government in the Sunshine Act requires advanced public notice of most regulatory meetings. (A) True (B) False

True

112. In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that the agency was inconsistent in when it allowed review, which was arbitrary and capricious, so review would be granted. (A) True (B) False

True

12. An agency's authority is generally provided by Congress in an enabling statute that creates an agency. (A) True (B) False

True

13. Congress gives administrative agencies power through legislative delegations. (A) True (B) False

True

15. The Administrative Procedures Act is a major source of administrative law. (A) True (B) False

True

16. Administrative law consists of enabling statutes, the Administrative Procedures Act, and court decisions about agency actions. (A) True (B) False

True

18. Congress has authority to create administrative agencies due to the Commerce and the Necessary and Proper Clauses of the Constitution. (A) True (B) False

True

21. Through rulemaking procedures an agency develops administrative rules and spells out its regulatory policy. (A) True (B) False

True

22. Substantive rules issued by administrative agencies have the same force and effect of law as Congressional statutes. (A) True (B) False

True

24. Substantive or legislative rules are usually required to have public notice and comment before they take effect. (A) True (B) False

True

25. Substantive or legislative rules are in the public record for inspection before they become final. (A) True (B) False

True

28. Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act. (A) True (B) False

True

29. Interpretative rules guide the staff of an agency as to how substantive rules or statutes should be viewed in practice. (A) True (B) False

True

32. If an agency, in enforcing a substantive (legislative) rule, does not follow its own procedural rules, a challenge to the agency's decision is likely to be upheld. (A) True (B) False

True

33. The Administrative Procedures Act requires that notice of proposed agency rules appear in the Federal Register so there is a chance for the public to see the rule. (A) True (B) False

True

39. In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must give deference to the agency decision unless the regulations are arbitrary or contrary to a statute passed by Congress. (A) True (B) False

True

40. In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must give deference to an agency's "construction of of a statutory scheme." (A) True (B) False

True

42. Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals. (A) True (B) False

True

43. Businesses subject to regulation can be made to report to the regulatory agency on a routine basis, including any violations of the law they commit. (A) True (B) False

True

44. A business that volunteers information that it has violated a regulatory standard may be punished for that violation. (A) True (B) False

True

5. One agency created in the 1930s was the Federal Communications Commission. (A) True (B) False

True

50. In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs in search of evidence of violations of the law. (A) True (B) False

True

52. In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because the property could be observed by anyone from the air. (A) True (B) False

True

54. The administrator of an agency may have authority to issue subpoenas to employees to search for evidence of wrongdoing by firms under their regulatory control. (A) True (B) False

True

58. In addition to civil and criminal penalties, agencies are generally given authority to impose other types of special sanctions, such as seizing company property. (A) True (B) False

True

59. In addition to civil and criminal penalties, agencies may seek injunctions to stop a person or business from engaging in behavior that violates a particular statute. (A) True (B) False

True

60. If necessary, a federal agency would be allowed to order the destruction of the property of a business in violation of a regulation. (A) True (B) False

True

61. When a regulatory agency brings criminal charges against a company, it must work with the Department of Justice to carry the matter forward. (A) True (B) False

True

63. Agencies may gather evidence in an informal manner, such as discussions with business managers. (A) True (B) False

True

64. Informal agency procedure may include testing and inspections as well as the processing of permits. (A) True (B) False

True

66. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held there was sufficient evidence to uphold the citation. (A) True (B) False

True

67. In reviewing agency informal procedures, the courts are generally most concerned that the agency procedure was fair and consistent with the intent of Congress. (A) True (B) False

True

68. An adjudicatory hearing is a formal process run by an agency similar in fashion to a court trial, but does not use juries. (A) True (B) False

True

69. An adjudicatory hearing by an agency is subject to the Administrative Procedure Act. (A) True (B) False

True

7. The Equal Employment Opportunity Commission is newer than most federal agencies. (A) True (B) False

True

72. An administrative law judge is not a federal judge but an employee of an administrative agency. (A) True (B) False

True

74. Administrative law judges issue written opinions after hearings on administrative complaints. (A) True (B) False

True

79. Decisions of Administrative Law Judges are appealed to the head of their agency. (A) True (B) False

True

8. Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year. (A) True (B) False

True

80. The final decision of the head of an administrative agency or commission may usually be appealed to the U.S. Court of Appeals. (A) True (B) False

True

85. For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, reviewability, standing, ripeness and exhaustion. (A) True (B) False

True

87. Congress may restrict judicial review of agency actions. (A) True (B) False

True

88. A party seeking a court challenge to an agency decision or action must have standing to seek judicial review. (A) True (B) False

True

92. In Lujan v. Defenders of Wildlife, the Supreme Court held that for a party to have standing to challenge an administrative decision they must have suffered an "injury in fact." (A) True (B) False

True

94. In Summers v. Earth Island Institute the Supreme Court held that an environmental group did not have standing to seek judicial review of a Forest Service decision to log a burned area of forest. (A) True (B) False

True

97. The Supreme Court had held that there may be no judicial review of an agency action unless the agency decision is final. (A) True (B) False

True

98. Before an appeal to a federal court may be made, an agency decision must be "ripe" for review, meaning the courts will not intervene in agency process still underway. (A) True (B) False

True


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