Chapter 17 True or Flase

A business that volunteers information that it has violated a regulatory standard may be punished for that violation. a. True b. False

a

A court's review of an agency's substantive determinations generally receives the lowest scope of judicial review. a. True b. False

a

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

a

Administrative law consists of enabling statutes, the Administrative Procedures Act, and court decisions about agency actions. a. True b. False

a

Administrative law judges issue written opinions after hearings on administrative complaints. a. True b. False

a

Agencies may gather evidence in an informal manner, such as discussions with business managers. a. True b. False

a

An adjudicatory hearing by an agency is subject to the Administrative Procedure Act. a. True b. False

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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

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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

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An administrative law judge is not a federal judge but an employee of an administrative agency. a. True b. False

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An agency's authority is generally provided by Congress in an enabling statute that creates an agency. a. True b. False

a

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

a

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

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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

a

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

a

Congress can control agency activities through the budget process. a. True b. False

a

Congress established the Interstate Commerce Commission as the first federal agency to regulate railroads. a. True b. False

a

Congress gives administrative agencies power through legislative delegations. a. True b. False

a

Congress has authority to create administrative agencies due to the Commerce and the Necessary and Proper Clauses of the Constitution. a. True b. False

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Congress may restrict judicial review of agency actions. a. True b. False

a

Decisions of Administrative Law Judges are appealed to the head of their agency. a. True b. False

a

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

a

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

a

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

a

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

a

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

a

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

a

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

a

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

a

In general, a court will overturn an agency's substantive determination only if it is arbitrary and capricious. a. True b. False

a

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

a

Informal agency procedure may include testing and inspections as well as the processing of permits. a. True b. False

a

Interpretative rules guide the staff of an agency as to how substantive rules or statutes should be viewed in practice. a. True b. False

a

Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act. a. True b. False

a

Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals. a. True b. False

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Most comments on proposed rules are submitted in writing, rather than given as oral testimony. a. True b. False

a

One agency created in the 1930s was the Federal Communications Commission. a. True b. False

a

One meaningful check on administrative agencies is judicial review. a. True b. False

a

Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year. a. True b. False

a

Substantive or legislative rules are in the public record for inspection before they become final. a. True b. False

a

Substantive or legislative rules are usually required to have public notice and comment before they take effect. a. True b. False

a

Substantive rules issued by administrative agencies have the same force and effect of law as Congressional statutes. a. True b. False

a

The Administrative Procedures Act is a major source of administrative law. a. True b. False

a

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

a

The Data Quality Act requires agencies to ensure the quality of scientific, technical and economic information in regulatory standards. a. True b. False

a

The Equal Employment Opportunity Commission is newer than most federal agencies. a. True b. False

a

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

a

The Government in the Sunshine Act requires advanced public notice of most regulatory meetings. a. True b. False

a

The Privacy Act protects information about individuals from full disclosure by administrative agencies. a. True b. False

a

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

a

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

a

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

a

Through rulemaking procedures an agency develops administrative rules and spells out its regulatory policy. a. True b. False

a

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

a

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

b

Decisions of Administrative Law Judges are the final resolutions of administrative complaint matters. a. True b. False

b

Decisions of Administrative Law Judges may be appealed directly to the Supreme Court. a. True b. False

b

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

b

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

b

In Japan, administrative law, in general, has less impact on business than in the U.S. a. True b. False

b

Interpretative rules may never be challenged by parties affected by such rules. a. True b. False

b

Judicial review of administrative agency actions may only look for evidence of violations of constitutional rights. a. True b. False

b

Many federal administrative agencies were created during the Civil War. a. True b. False

b

Most "informal" agency procedures are more costly than formal procedure. a. True b. False

b

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

b

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

b

Only civil penalties may be imposed on violators of regulations imposed by administrative agencies. a. True b. False

b

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

b

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

b

The Administrative Procedures Act controls the appeals process from agency actions. a. True b. False

b

The Federal Administrative Act established many of the basic principles of modern administrative law. a. True b. False

b

The Federal Trade Commission was established in 1935 to attack monopolies. a. True b. False

b

The Freedom of Information Act requires federal agencies to make public all information gathered in investigations. a. True b. False

b

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

b

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

b

The Supreme Court has ruled that agencies do not need search warrants to inspect business property. a. True b. False

b

The Supreme Court has ruled that agencies have the right to control all aspects of material posted on the Internet. a. True b. False

b

The first federal administrative agency was the Federal Trade Commission. a. True b. False

b

There are about 250 federal regulatory agencies issuing about two thousand pages of regulations each year. a. True b. False

b

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

b

A court's review of an agency's procedural requirements is generally "minimal." a. True b. False

b

A key source of administrative law is the Government in the Sunshine Act. a. True b. False

b

A party injured by an administrative rule always has the right to seek review of the rule in federal court. a. True b. False

b

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

b

Administrative law judges are appointed by the president with the consent of the Senate for 10 year terms of office. a. True b. False

b

After a regulation is finalized in the Federal Register it is no longer subject to review. a. True b. False

b

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

b

Agency inspections by direct observation of a business and its activities always require a search warrant. a. True b. False

b

Agency regulations issued under proper rulemaking procedures require approval by the President. a. True b. False

b

All administrative rules are formally called procedural rules. a. True b. False

b

All citizens have standing, under the Constitution, to challenge the constitutionality of any new regulation. a. True b. False

b

All federal courts have jurisdiction to hear appeals from administrative agency actions. a. True b. False

b

An adjudicatory hearing by an agency about a regulatory violation is often requested by companies hoping to clear the matter. a. True b. False

b

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

b

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

b

At administrative hearings run by administrative law judges, witnesses may not be called. a. True b. False

b

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

b

Businesses do not have to provide confidential information to a government agency in administrative law matters. a. True b. False

b

Comments on proposed regulations may be filed only by parties with standing to address the regulation. a. True b. False

b