ch 17 true/false
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
