BUS Law Ch 4 Quiz
Administrative law consists of both substantive and _____ rules. illusory conditional procedural de facto ex post facto
procedural
Which of the following is involved when an agency is referred to as a "captured" agency? A belief that agency officials are unduly influenced by their political party. A belief that agency officials are unduly influenced by politicians in states most affected by the regulations established by the agency. A belief that agency officials are unduly influenced by the desires of the United States Congress. A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency. A belief that agency officials are unduly influenced by politicians in the state in which the agency is located.
A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.
What type of law is created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision-making? Equity law Administrative law Ministerial law Ex post facto law Enabling law
Administrative law
Executive agencies are referred to as which of the following? Legislative-parity agencies Cabinet-level agencies Judicial-level agencies Independent agencies Adjudicative agencies
Cabinet-level agencies
Today, administrative agencies: Create more rules than Congress and the courts combined. Create more rules than the courts, but fewer rules than Congress. Create more rules than Congress, but fewer rules than the courts. Are subject to a temporary moratorium on rule making imposed by the United States Supreme Court, pending a review by the Court regarding whether such authority is constitutional. Are subject to a temporary moratorium on rule making imposed by the United States Congress, pending a determination as to whether such authority violates the legislative authority of Congress.
Create more rules than Congress and the courts combined.
_____ legislation is a statute that specifies the name, functions, and specific powers of an administrative agency. Enabling Ad hoc Executive Ex officio Ex post facto
Enabling
Four Paws Protection. The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules. The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate. Which of the following is the correct term for legislation passed by Congress specifying the name, functions, and specific powers of the Animal Protection Commission? Administrative regulation Enabling legislation Agency regulation Approving legislation Enacting legislation
Enabling legislation
Which of the following are the types of rule making done by agencies? Informal and hybrid informal, conditional, and omnibus Formal, informal, and hybrid Hybrid and conditional Formal and informal
Formal, informal, and hybrid
New Agency. Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause. Additionally, no more than a majority of the commissioners may be from the same political party. Her agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Debby's boss, Blaire, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Blaire also told her that at this point she was not very interested in hybrid rule making. Which of the following is the appropriate agency classification for the Accounting Commission? Judicial Independent Administrative Legislative Executive
Independent
New Agency. Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause. Additionally, no more than a majority of the commissioners may be from the same political party. Her agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Debby's boss, Blaire, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Blaire also told her that at this point she was not very interested in hybrid rule making. Which of the following is the most likely type of rule making in which the Accounting Commission was involved? Procedural Informal Regulatory Legislative Formal
Informal
Which of the following are rules of an agency that are policy expressions having the effect of law? Judicial Legislative Procedural Interpretive Adjudicative
Legislative
What types of powers do administrative agencies have? Legislative, judicial, and executive Legislative and judicial Executive and legislative Judicial and executive None, since administrative agencies have only advisory authority (i.e., they advise the executive, legislative, and judicial branches of government regarding their particular areas of expertise, but must defer to the three branches of government to actually address those particular areas)
Legislative, judicial, and executive
New Agency. Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause. Additionally, no more than a majority of the commissioners may be from the same political party. Her agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Debby's boss, Blaire, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Blaire also told her that at this point she was not very interested in hybrid rule making. What would be the next step in obtaining enactment of the rules after publication? Approval by the president by executive order A hearing before an administrative law judge A public hearing Opportunity for all interested parties to submit written comments A vote in Congress
Opportunity for all interested parties to submit written comments
Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities? Public comments Planning notices Interpretative statements Policy statements Declarations of intent
Policy statements
In order to be upheld in court, an agency's fact finding must be supported by which of the following? Non-hearsay evidence Probable cause Proof beyond reasonable doubt Substantial evidence Reasonable suspicion
Substantial evidence
New Agency. Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause. Additionally, no more than a majority of the commissioners may be from the same political party. Her agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Debby's boss, Blaire, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Blaire also told her that at this point she was not very interested in hybrid rule making. Which of the following would be the appropriate location for publication of the proposed rules? The Congressional Record The Federal Register The Congressional Review The Agency Periodical The Comment and Review Forum
The Federal Register
Which law requires that an agency business meeting be open to the public if a collegiate body heads the agency? The United States Constitution The Government in Sunshine Act The Freedom of Information Act The Open Meetings Act The Transparency in Government Operations Act
The Government in Sunshine Act
Which of the following was the first federal administrative agency? The Interstate Commerce Commission The Social Security Administration The Food and Drug Administration The Internal Revenue Service The Securities and Exchange Commission
The Interstate Commerce Commission
Which of the following is a federal executive agency? The Federal Communications Commission The National Science Foundation The National Labor Relations Board The Nuclear Regulatory Commission The Equal Employment Opportunity Commission
The National Science Foundation
Which of the following is a false statement regarding federal independent agencies? No more than a simple majority of an independent agency can be members of any single political patty. The president appoints the commissioners of independent agencies with the advice and consent of the United States Senate. Independent agencies are governed by a board of commissioners. The United States president may remove commissioners of federal independent agencies without cause. The agencies are generally not located within any department.
The United States president may remove commissioners of federal independent agencies without cause.
DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that, in any event, action by an agency is always upheld. Which of the following is true regarding the statement by the agency that assuming an appeal to court is available, agency action is always upheld? The agency representative is incorrect because agency decisions are struck down in approximately 50% of the cases on appeal. The agency representative is incorrect because while agency actions are usually upheld, they may be struck down if the agency, for example, exceeded its power. The agency representative is incorrect because agency decisions are usually struck down unless they are supported by clear and convincing evidence. The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be overturned if fraud on the part of the agency is proven. The agency representative is incorrect because agency decisions are usually struck down unless it can be established that an appeal of an agency decision is frivolous and without reason.
The agency representative is incorrect because while agency actions are usually upheld, they may be struck down if the agency, for example, exceeded its power.
The United States Congress created the Interstate Commerce Commission (ICC) because it felt that a regulatory body could best control the anticompetitive conduct of what industry? The construction industry The railroad industry The steel industry The automobile industry The oil industry
The railroad industry
Disappointed Applicant. Polly, who had a regular driver's license to operate an automobile, decided that she really wanted to drive a tractor-trailer truck. She thought that it would be nice to earn money while seeing the country. Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck. While taking the test, in an effort to relieve stress, Polly was stretching her neck and looking around at the other nervous test takers. The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers. Her application to drive a tractor-trailer was denied. The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well. Applicable statutes provide as follows: (1) "the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2) "the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice. She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated. Assuming Polly seeks to appeal revocation of her license to drive an automobile through any available avenues, what is the most likely result? The agency decision will be upheld so long as it is determined that the agency head reasonably thought she was cheating, even if she was not. The revocation of her license to drive automobiles will be reversed because the agency had no authority to take that step. The decision will be reversed because Polly has decided that she no longer wants a license to drive tractor-trailer trucks. The agency decision will be upheld so long as it is determined that substantial evidence supported the agency head's decision that she was cheating, even if she was not. The appeal will be dismissed because Polly had no right to a review of the agency head's decision.
The revocation of her license to drive automobiles will be reversed because the agency had no authority to take that step.
Disappointed Applicant. Polly, who had a regular driver's license to operate an automobile, decided that she really wanted to drive a tractor-trailer truck. She thought that it would be nice to earn money while seeing the country. Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck. While taking the test, in an effort to relieve stress, Polly was stretching her neck and looking around at the other nervous test takers. The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers. Her application to drive a tractor-trailer was denied. The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well. Applicable statutes provide as follows: (1) "the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2) "the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice. She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated. The statutes setting forth the authority of the agency are called ______ statutes. enforcement dedicated authorization final enabling
enabling
Under the Privacy Act, an individual may have the right to: see federal agency records about himself or herself. see and amend federal agency records, as well as sue the government for Privacy Act violations. sue the government for statutory violations. amend an inaccurate agency record. see and amend federal agency records.
see and amend federal agency records, as well as sue the government for Privacy Act violations.
