BLS chapter 15 study guide

The (blank) function of the admin agency involves both fact-finding and applying the law to the facts A: Adjudicating B: policy making C: investigating D: Rule making E: advising

Adjudicating

Which of the following statements is true of the functionality of agencies providing services? A: Government agencies often stand as a substitution for competition. B: Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits. C: Agencies that function to provide services are created out of sheer manpower rather than necessity. D: The mere existence of most government programs hardly creates any new agency or expands the functions of an existing one. E: Welfare programs are run easily without being administered by the government.

B: Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits.

Which of the following is true of a consent order? A: it orders that a violator stop the objectionable activity and refrain from any further similar violation B: It excludes orgs and non profit orgs in its scope C: it requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review D: it is known as a commission order E: it is extremely expensive in comparison to other types of orders

C: it requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review

The Federal Reserve Board (FRB) found that Parson Inc., a newly established financial company, had violated banking laws. The company was involved in transactions that were prohibited by the United States government. Along with imposing a hefty fine, the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future. This order is an example of a(n) ______. A: Cease and desist order B: Consent order C: preliminary order D: commission order E: assignment order

Cease and desist order

Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations? A: consent order B: cease and desist order C: commision order D: assignment order E: Preliminary order

Cease and desist order

Admin law judges are A: organizationally integrated with the rest of the agency B: intermediaries between regulators and those being regulated C: excluded from hearing cases of alleged law violation D: Employed by the agency that is in charge of hearing the initial presentations E: Responsible for the minutes of meetings

D: Employed by the agency that is in charge of hearing the initial presentations

Administrative agencies are needed to provide all of the following except: A: Protection B: Expertise C: services D: Specificity E: Discretion

E: discretion

The government relies on admin agencies for (Blank) which is necessary to develop sound policies and provide solutions and management for problems A: expertise B: Regulation C: services D: protection E: specificity

Expertise

Which of the following federal agencies protects the public from anticompetitive behavior and unfair and deceptive business practices? A: CPSC B: FRB C: NLRB D: EEOC E: FTC

FTC

True or false: Administrative agencies can have either quasi-legislative regulatory authority or quasi-judicial regulatory authority but not both

False

True or false: Advisory opinions of an admin agency are as binding as formal rulings

False

True or false: In exercising their investigative functions, admin agencies are excluded from using subpoena powers

False

Which agency promotes dependable, affordable, energy through sustained competitive markets A: Federal energy regulatory commision B: Federal trade commission C: Federal communications commisssion D: Federal reserve board E: Equal employment opportunity commission

Federal energy regulatory commissio

The SEC primarily functions as an (blank) body which oversees the issue and sale of investment securities A: Rulemaking B: investigating C: Supervising D: emergency E: adjudicating

Investigating

Which of the following is true of the occupational safety and health administration A: it administers laws to prohibit distribution of adulterated, misbranded or unsafe food and drugs B: it ensures all workers a safe and healthy work environment C: It regulates civil aviation D: It protects the public against unreasonable risks of injury associated with consumer products E: It administers all laws relating to water pollution, air pollution, solid wastes, pesticides, and toxic substances

It ensures all workers a safe and healthy work environmnet

Business often fails to regulate itself, and the lack of self-regulation is contrary to public interest. To counterbalance, admin agencies exist to A: Refer the problem or area to experts for solution and mgmt B: Protect the public from the business community C: provide services that have arisen out of necessity D: Develop detailed rules and regulations to carry out the legislative policy E: replace competition with regulation

Protect the public from the business community

Which of the following types of regulatory authority issues rules have the impact of laws? A: quasi in rem B: Quasi-regulatory C: in personam D: Quasi-executive E: Quasi-legislative

Quasi-legislative

Choose the statement below that is true of administrative agencies: A: admin agencies that issue rules having the impact of laws are called quasi-judicial agencies B: they are orgs created by the legislature to serve a specific purpose C: Admin agencies with quasi-exec authority make decisions like a court D: Admin agencies license and regulate intrastate transporation E: state and local goves do not have admin agencies

They are orgs created by the legislature to serve a certain purpose

True or false: According to the doctrine of the exhaustion of remedies, judicial review is available only for final actions by an agency

True

True or false: All levels of government have grown larger and more complex in the 21st century

True

True or false: Expertise beyond congress is required to develop sound policies and proper decisions in response to problems in different areas regulated by the law

True

True or false: For the courts to exercise their functions of limited review, an agency must provide a record that sets forth the reasons and basis for their decision

True

True or false: The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency

True

True or false: The primary focus of policymaking by way of regulation has been on balancing the costs of regulatory programs with their potential benefits

True

True or false: to establish standing the challenging party must address issues relating to the review ability of a decision and the aggrieved party involved

True