Administrative Agencies

Tim wants to attend the meetings of a regulatory agency. He contacts them for information regarding the meeting schedule and location, and is told that all meetings are closed to the public. Unless it meets certain specific conditions that allows for closed meetings, the agency is violating what law? a. Sunshine Act b. Regulatory Flexibility Act c. Freedom of Information Act d. Small Business Regulatory Enforcement Fairness Act

a. Sunshine Act

The FCC finds that Stellar Communications is broadcasting content across the radio airwaves that violate public decency laws. It issues a complaint against Stellar to try to bring it into compliance. Stellar answers, but no settlement is reached, so the next step is: a. adjudication. b. a negotiated settlement. c. a formal complaint. d. agency orders.

a. adjudication.

The Administrative Procedures Act states that agency actions should be set aside that are: a. arbitrary and capricious. b. by a preponderance of the evidence. c. beyond a reasonable doubt. d. clear and convincing.

a. arbitrary and capricious.

Administrative agencies are created to: a. perform a specific government function. b. develop a uniform set of rules to deal with commercial relations. c. act as a buffer between the executive and legislative branches of government. d. provide more efficient office management.

a. perform a specific government function.

Miller Manufacturing is upgrading the equipment in its plant to improve efficiency and also to reduce pollution. Where should it look to find the EPA rules that it has to follow? a. Common law b. Code of Federal Regulations c. Federal Register d. Uniform Commercial Code

b. Code of Federal Regulations

Congress passes a law establishing a new administrative agency to oversee cyber law issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as: a. a Restatement of the Law. b. administrative law. c. constitutional law. d. statutory law.

b. administrative law.

The cabinet departments of the federal government that report to the president are: a. administrative agencies. b. executive agencies. c. independent regulatory agencies. d. principal agencies.

b. executive agencies.

The SEC filed a complaint against Tyler Bank and Trust. They were unable to reach a settlement, and the case went to adjudication. After the hearing, the ALJ rendered an order. Since neither side appealed, that order is known as the: a. agency order. b. final order c. initial order. d. administrative order.

b. final order

The Library of Congress has proposed a change to the DMCA (Digital Millennium Copyright Act) regarding the issue of jailbreaking the iPhone. As an administrative agency, the first step it must take as part of the rulemaking process is to: a. allow for a comment period. b. publish notice of the proposed rule. c. file a lawsuit in the DC Circuit. d. publish the final rule.

b. publish notice of the proposed rule.

Sally, a newspaper reporter, wants to obtain information on a federal investigation relating to accounting issues in a regulatory agency. To obtain the information, she would have to: a. seek permission for the release of the information from the Department of Justice. b. submit a FOIA request to the agency. c. file a lawsuit and request the information through the discovery process. d. call and speak to the director of the agency.

b. submit a FOIA request to the agency.

An order compelling an individual to hand over records to an agency conducting an investigation is called a(n): a. adjudication. b. subpoena. c. investigatory order of review. d. search warrant.

b. subpoena.

Notice of an agency's proposed rules are published in the: a. Uniform Commercial Code. b. Code of Federal Regulations. c. Federal Register. d. common law.

c. Federal Register.

In reviewing the actions taken by the FTC against Jelly's Jams for alleged deceptive advertising, the court found that the FTC arbitrarily changed some of the rules that regulate truth in advertising. The court would therefore set aside the FTC's actions because the FTC: a. failed to consider a relevant factor. b. failed to provide a rational explanation for its decision. c. changed its prior policy without justification. d. considered legally inappropriate factors.

c. changed its prior policy without justification.

Mia lives in New Mexico and wants to challenge the Minerals Management Service (the federal administrative agency responsible for offshore drilling), based on the fact that it could have a negative economic impact on fishing in the Gulf of Mexico. Mia: a. must prove the agency's decision was arbitrary and capricious. b. must first file suit against the agency before exhausting all administrative remedies. c. does not have standing to sue for judicial review. d. must show that the agency did not comply with the notice-and-comment rulemaking requirement.

c. does not have standing to sue for judicial review.

Senator Smith proposes a new administrative agency to oversee financial regulation in the U.S. Before an agency can be created, Congress must first: a. consult with the president. b. seek approval from the Department of Justice. c. pass enabling legislation. d. propose a constitutional amendment.

c. pass enabling legislation.

Which of the following is not one of the notice-and-comment rulemaking requirements for an administrative agency? a. Publish notice of the proposed rule b. Allow time for a comment period c. Publish the final rule d. File a lawsuit in the DC Circuit

d. File a lawsuit in the DC Circuit

The law that requires the federal government to disclose certain information on request is the: a. Regulatory Flexibility Act. b. Sunshine Act. c. Small Business Regulatory Enforcement Fairness Act. d. Freedom of Information Act.

d. Freedom of Information Act.

The Federal Trade Commission (FTC) is what type of agency? a. Executive b. Principal c. Administrative d. Independent regulatory

d. Independent regulatory

What law allows Congress to review new federal regulations for at least sixty days before they take effect? a. Freedom of Information Act b. Sunshine Act c. Regulatory Flexibility Act d. Small Business Regulatory Enforcement Fairness Act

d. Small Business Regulatory Enforcement Fairness Act

The executive branch of government exercises control over agencies through: a. investigating the agencies it creates. b. the courts' review of agency actions. c. enabling legislation. d. the president's veto power.

d. the president's veto power.