BUL5810 Homework Question - Chapter 5

Newly-elected United States President Sheryl Davidson does not agree politically or personally with the current chair of the Federal Communications Commission (FCC) and wants her former journalism professor, William Gonzalez, to lead the FCC instead. What can President Davidson do to make a change at the FCC? a. Sue the FCC to remove the current chair. b. Nothing. The chair of the FCC is a lifetime position and becomes vacant upon the current chair's death. c. Recommend to Congress to remove the current chair and appoint Professor Gonzalez. d. Remove the current chair and appoint Professor Gonzalez pursuant to her power as President of the United States.

Remove the current chair and appoint Professor Gonzalez pursuant to her power as President of the United States

Federal legislation permits administrative agencies to deny access to nine categories of records is the: a. FOIA. b. Privacy Act. c. Government in the Sunshine Act. d. APA.

a. FOIA.

In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does: a. encourage the federal agencies to use alternative dispute resolution. b. authorize state agencies to use mediation and conciliation. c. require the agencies to use alternative dispute resolution. d. All of these are correct.

a. encourage the federal agencies to use alternative dispute resolution.

Administrative agencies exercise powers that have been allocated by __________ to the three separate branches of government. a. the Constitution b. the administrative process c. Congress d. treaties

a. the Constitution

The Environmental Protection Agency suspects Jimmy Jameson of dumping unlawful chemicals into a stream on his company's property. The EPA has obtained evidence, claimed to be proof of unlawful activity, by way of aerial photography. In carrying out these investigations: a. the agency have traditionally been accorded great discretion. b. an agency cannot require sworn testimony or the production of records. c. have the unfettered right to investigate in any way they see fit. d. must abide by the exact same rules as law enforcement.

a. the agency have traditionally been accorded great discretion.

In the matter of Sackett v. Environmental Protection Agency, the main issue in this case was: a. whether the Sackett's proposed use of their property was in compliance with the Clean Air Act. b. whether a compliance order of the EPA is final agency action for which there is no adequate remedy at law. c. whether the EPA deprived the Sacketts of their property without due process of law. d. whether the Sackett's property contained navigable waters.

b. whether a compliance order of the EPA is final agency action for which there is no adequate remedy at law.

The Food and Drug Administration (FDA) would like to adopt some new rules regarding vitamins and supplements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions? a. The agency has no rulemaking authority, because only Congress can make legislative rules. b. The APA sets out specific rules and procedures that this action would violate. c. The rules in this instance are procedural in nature and therefore are not required to be published. d. The agency has a right to act in this way and a duty to be efficient with taxpayer money.

b. The APA sets out specific rules and procedures that this action would violate.

The legislature may exercise control of administrative agencies in various ways. Which is NOT a control maintained by the legislative branch? a. Through its budgetary power. b. Through the power to appoint and remove chief administrators. c. By amending an enabling statute to increase, modify, or decrease an agency's authority. d. It may reverse or change an agency rule or decision by specific legislation.

b. Through the power to appoint and remove chief administrators.

The Supreme Court of the U.S. heard FCC v. Fox Television Stations, Inc. In the Court's 2009 ruling what issue did they consider? a. Whether expletives on a national television broadcast are offensive. b. Whether FCC's order of liability for fleeting expletives was "arbitrary and capricious" under the APA. c. Whether the FCC had jurisdiction over words used on televised broadcasts. d. Whether the use of the expletives on the show in question was intentional.

b. Whether FCC's order of liability for fleeting expletives was "arbitrary and capricious" under the APA.

By virtue of their power to __________, U.S. Presidents have significant control over the administrative agencies housed within the __________ branch. a. controlling the entire budgetary power; executive. b. appoint and remove the chief administrator of those agencies; executive. c. examine particular rules or orders; judicial. d. All of these are correct.

b. appoint and remove the chief administrator of those agencies; executive.

Much of federal, state, and local law in this country has been established by administrative agencies, which people label as the __________ because they possess tremendous power. a. executive committees b. fourth branch of government c. the courts d. legislatures, including Congress

b. fourth branch of government

Once __________, administrative rules are applicable to all parties. a. read before the House and the Senate b. promulgated c. approved by the Supreme Court d. signed by the President of the United States

b. promulgated

Congress has enacted a protection statute to prohibit the unauthorized disclosure of federal agency records pertaining to an individual. This statute is: a. Freedom of Information Act. b. Government in the Sunshine Act. c. Privacy Act. d. Federal Trade Commission

c. Privacy Act.

The Environmental Protection Agency (EPA) denied a permit granting Final Frontier Technologies, Inc., a space exploration company, the right to build a rocket-launching facility on a beach in South Texas. Shortly after appealing the EPA's decision through the agency's administrative remedies, Final Frontier filed suit against the EPA in federal district court. If the EPA files a motion to dismiss Final Frontier's lawsuit, will it be successful? a. No, because the EPA violated Final Frontier's rights. b. No, because the EPA's decision is automatically subject to judicial approval, regardless of whether Final Frontier seeks the review. c. Yes, because the EPA has not issued a final agency action. d. Yes, because the EPA can never be sued in court.

c. Yes, because the EPA has not issued a final agency action.

Under the Government in the Sunshine Act, meetings of many federal agencies are required to be: a. transcribed by a court reporter. b. held in secret, undisclosed locations. c. open to the public. d. presided over by the President.

c. open to the public.

As part of executive function to investigate conduct, administrative agencies may compel the disclosure of information, except under which limitation? a. when notice and comment period has not taken place. b. when settlement is imminent. c. the information sought is irrelevant. d. when promulgating rules.

c. the information sought is irrelevant.

The Mayo Foundation for Medical Education and Research v. United States case involved the medical student residency program at the Mayo Clinic. The issue in the case involved: a. whether the Mayo clinic program is a validly run medical residency program. b. whether Mayo's characterization of the students is prohibited by the U.S. Constitution. c. whether it was reasonable for the Treasury Department to distinguish between workers who study and students who work. d. whether medical students work enough hours.

c. whether it was reasonable for the Treasury Department to distinguish between workers who study and students who work.

What did the Supreme Court hold in Perez v. Mortgage Bankers Association? a. Only a comment period is required when an agency amends or repeals a pre-existing interpretative rule. b. Legislative rules do not require a notice-and-comment period under the APA. c. Agency interpretations require a notice-and-comment period under the APA. d. An agency is not required under the APA to use notice-and-comment procedures to issue an initial interpretative rule, and is likewise not required to use those procedures when it amends or repeals that interpretative rule.

d. An agency is not required under the APA to use notice-and-comment procedures to issue an initial interpretative rule, and is likewise not required to use those procedures when it amends or repeals that interpretative rule.

An agency may be required to conduct a legislative-type hearing (formal) that permits no cross-examination (informal) in accordance with which of the following? a. Formal rulemaking. b. Negotiated rulemaking. c. Informal rulemaking. d. Hybrid rulemaking.

d. Hybrid rulemaking.

__________ are those issued by an agency having the ability, under a legislative delegation of power, to make rules having the force and effect of law. a. Procedural rules b. Interpretive rules c. Hybrid rules d. Legislative rules

d. Legislative rules

Austin sustained an injury to his knee. Austin claimed the injury was suffered at work and filed a claim for workers' compensation benefits. The employer opposed this claim, saying the injury, if real, was the result of a congenital condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Austin. Austin became disgusted with the hearing officer and the proceedings because Austin felt that the hearing officer did not like him and wants to go directly to court because he feels that an agency appeal would be useless. Can he file the matter in federal court directly? a. No, he can only file in state court. b. Yes, he can directly to the Supreme Court. c. Yes, he can file in court right away. d. No, he must exhaust his available administrative remedies.

d. No, he must exhaust his available administrative remedies.

The Agency for Military Intervention in the Western Hemisphere (AMIWH) is an administrative agency charged with overseeing U.S. military operations in the Western Hemisphere. If The National News, a nationally-published newspaper, seeks to request information a pursuant to the Freedom of Information Act (FOIA) from the AMIWH about military operations in Nicaragua, and AMIWH successfully resists turning over such information to The National News, what would the winning argument for resisting the records sought? a. There is not enough time to comply with the request. b. All of these are correct. c. The cost of producing such information is greater than $10.00. d. Such information is in the interest of national defense or foreign policy and are to be kept secret.

d. Such information is in the interest of national defense or foreign policy and are to be kept secret.

An administrative law judge for the Environmental Protection Agency decides a case against a manufacturer. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission? a. The rules of evidence will be strictly applied by the commission in deciding the case. b. There is no appeal from the decision of the ALJ. c. The commission will decide the case by having a jury trial. d. The commission may decide the case de novo.

d. The commission may decide the case de novo.

As articulated in FCC v. Fox Television Stations, Inc., what standard do the courts review a substantive executive agency action? a. The courts review an executive agency action to determine if such action is politically correct. b. The courts review an executive agency action to determine if such action is clear and discretionary. c. The courts review an executive agency action to determine if such action is substantially compliant. d. The courts review an executive agency action to determine if such action is arbitrary or capricious.

d. The courts review an executive agency action to determine if such action is arbitrary or capricious.

Administrative law judges are appointed by the agency through a professional merit selection system and may be removed only: a. when they are promoted. b. when they retire. c. by the Supreme Court. d. for good cause.

d. for good cause.