BUL ch 6

Paige, a congressperson, believes a new federal agency is needed to oversee the consumer lending industry. Congress has the power to establish an agency with functions that include a. adjudication b. prevarication c. qualification d. regurgitation

A

The Federal Trade Commission (FTC) issues an order relating to the advertising of Discount Mart, Inc. Dicount appeals the order to a court. The court may review whether the FTC's action is a. arbitraty, capricious, or an abuse of discretion b. discourteous, disrespectful, or dissatisfying to one or more parties c. flippant, wanton, or in disregard of social norms d. impious, non-utilitarian, or in violation of ethical precepts

A

Sol is an administrative law judge (ALJ) for the National Labor Relations Board. In hearing a case, Sol has the authority to make a. decisions binding on the federal courts b. determinations of fact c. new laws d. new rules

B

The Federal Communications Commission (FCC) publishes notice of a proposed rule. When comments are received about the rule, the FCC must respond to a. all of the comments b. any significant comments that bear directly on the proposed rule c. only comments by businesses engaged in interstate commerce d. only comments by businesses that will be affected by the rule

B

The Federal Energy Regulatory Commission (FERC) wants to close a sesries of its meetings to this public. To open the meetings, Jennifer or any citizen could sue the FERC under a. the Freedom of Information Act b. the Government-in-the Sunshine Act c. the Regulatory Flexibility Act d. no federal or state law

B

Like other federal agencies, the Environmental Protection Agency may obtain information concerning activities and orgnizations that it oversees by issuing a. a complaint b. a rule c. a subpoena d. a judgement

C

The Occupational Safety and Health Administration (OSHA) issues a subpeona for Precision Systems Corporation to hand over its files. Precision's possible defenses against the subpeona include a. OSHA cannot issue a subpeona b. OSHA is a federal agency, but Precision only does business locally c. OSHA's request is not specific enough d. OSHA's request violates the Precision's right to privacy

C

The U.S. Fish and Wildlife Service orders Elin to stop using a certain type of fishing net from her boat. To appeal this order to a court, Elin must a. appeal simultaneously to the agency and the court b. bypass all administrative remedies and appeal directly to the court c. exhaust all administrative remedies d. ignore the agency and continue using the net

C

In making rules, the procedures of the Equal Employment Opportunity Commission and other federal agencies normally includes a period during which a. judges are asked about a proposed rule b. probable violators of a proposed rule are notified and publicized c. the administrators "notice" a problem and "comment" on it d. the public is asked to comment on a proposed rule

D

The National Oceanic and Atmospheric Administration (NOAA) is a federal agency. To limit the authority of NOAA, the president can a. abolish NOAA b. take away NOAA's power c. refuse to appropriate funds to NOAA d. veto legislative motifications to NOAA's authority

D

(T/F) Agency rules are not as legally binding as the laws that congress enacts

F. Agencies formulate and issue their rules under the authority of Congress. These rules are as legally binding as the laws enacted by Congress. It is for this reason, in part, that rulemaking procedures generally include opportunities for public comment , that the rules are subject to review by the courts, and that agencies are subject to other controls by the three branches of government.

(T/F) After an agency adjudication, the administrative law judge's order must be appealed to become final

F. Appeal is not mandatory, and if there is no appeal, the initial order becomes final. Either side may appeal the determination in an agency adjudication, however, to the commission that oversees the agency or ultimately to a federal court.

(T/F) Congress has no power to influence agency policy

F. Congress can influence agency policy in several ways. These include that congress can create or abolish an agency, or influence policy by the appropriation of funds for certain purposes. Congress can also revise the functions of an agency.

(T/F) An agency cannot conduct a search without a warrant

F. In most circumstances, a warrant is required for a search or the agency will be held to have violated the Fourth Amendment. Warrants are not required, however, to conduct searches in businesses in highly regulated industries, in certain hazardous operations, and in emergencies.

The rulemaking process begins with the publication in the _____ (congressional record/federal register) of a notice of the proposed rulemaking. The agency may conduct a public hearing at which it presents evidence to justify the proposed rule, and _____ (anyone/no one) may present opposing evidence. The agency _____ (must/not need)respond to significant comments. After the hearing, the agency publishes the final draft of the rule in the _____ (Congressional Record/Federal Register)

Federal Register anyone must Federal Register

(T/F) Courts generally defer to an agency's findings on facts within the area of its expertise

T

(T/F) Enabling legislation specifies the powers of an agency

T

(T/F) Most federal agencies are part of the executive branch of government

T

(T/F) The administrative procedure act provides for judicial review of most agency actions

T

(T/F) To create an agency, congress enacts enabling legislation

T

(T/F) When a new regulation will have a significant impact on a substantial number of small entities, an analysis must be conducted to measure the cost imposed on small businesses

T