BLAW Final Ch. 13

False

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

True

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

False

Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

the facts and the law.

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

True

All federal government agencies must make their records available electronically on the Internet.

binding as a law passed by Congress.

The Merit Systems Protection Board issues a rule. Like other adminis-tra-tive agencies' "legislative rules," this rule is as

Reasonably describe the information

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act. To obtain the informa-tion, Beck must

False

By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution.

the delegation of legislative powers.

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris-diction. This is

False

Enabling (delegation) statutes from the Legislature set out the detailed rules and regulations of how administrative agencies are to operate and enforce regulations.

False

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

True

Final administrative rules have binding legal effect unless the courts later overturn them.

False

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

False

Like statutory law, administrative law is created by legislatures.

The exhaustion Doctrine

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

Congress, through enabling legislation

Playground Equipment, Inc., is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

False

The Administrative Procedure Act does not apply to a particular agency procedure.

the federal agency's regulations take precedence.

The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agencies' regulations conflict

The federal Register

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

False

Unlike those who violate statutes, violators of agency rules are not punished.

to establish a new administrative agency to establish an agency's powers to set out the detailed rules of law the agency is to enforce Correct all of the above

Which of the following are purposes of enabling/enacting statutes?