blaw ch 17 pt 1
131. About how many federal agencies share the responsibility for regulating various aspects of business activity? (A) 50 (B) 125 (C) 200 (D) 250 (E) 300
50
200. The usual public comment period for substantive rules is: (A) 60 to 90 days (B) 6 to 9 months (C) 1 year (D) 5 years (E) 30 days
60 to 90 days
155. The primary structure of administrative law is determined by the: (A) Administrative Agencies Act (B) Administrative Procedures Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) Administrative Structural Act
Administrative Procedures Act
161. Regulatory agencies engage in rulemaking. This authority comes primarily from: (A) Congress, under the Commerce and Necessary and Proper Clauses (B) the Supreme Court, to enable the agencies to assist in enforcement of federal statutes (C) the President, to allow agencies to implement the programs of the administration (D) Congress, under the Commerce and Necessary and Proper Clauses and the Supreme Court, to enable the agencies to assist in enforcement of federal statutes (E) Congress, under the Commerce and Necessary and Proper Clauses and the Supreme Court, to enable the agencies to assist in enforcement of federal statutes and the President, to allow agencies to implement the programs of the administration
Congress, under the commerce and necessary and proper clauses
115. Congress created the first regulatory agency in 1887. It was called the: (A) Federal Trade Commission (B) Federal Power Commission (C) Interstate Commerce Commission (D) Federal Communications Commission (E) none of the other choices
Interstate commerce commission
137. An enabling statute is a(n): (A) federal law passed by Congress granting powers to an agency (B) local law passed by the local legislature granting powers to an agency (C) state law passed by the state supreme court granting powers to an agency (D) state law passed by the state legislature granting powers to an agency (E) unofficial mandate passed by Congress granting powers to an agency
a federal law passed by Congress granting powers to an agency
148. Administrative agencies are created when: (A) a problem requires expertise and supervision (B) voters demand one (C) Congress wants support from a group of voters (D) a problem is too small for Congress to consider itself (E) a problem arises very quickly
a problem requires expertise and supervision
113. The primary tool for local, state, and federal governments use to perform regulatory functions is the: (A) administrative agency (B) regulatory agency (C) real agency (D) courts (E) police force
administrative agency
125. A(n) ____ is an authority of the government, other than a legislature or a court, created to administer a particular law. (A) regulatory agency (B) administrative agency (C) legislative agency (D) private agency (E) litigation agency
administrative agency
150. The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as: (A) administrative law (B) tort law (C) legislative delegation law (D) agency law (E) business law
administrative law
159. Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal agencies. (A) Administrative Agencies Act (B) Administrative Procedures Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) Administrative Structural Act
administrative procedures act
172. Substantive (legislative) rules issued by agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices
administrative statutes with the same force and effect of law as statutes passed by Congress
171. Which of the following is a classification of administrative rules: (A) substantive (B) legislative (C) interpretative (D) procedural (E) all of the other specific choices are correct
all of the choices are correct
154. Which of the following is a primary source of administrative law: (A) the enabling statutes of administrative agencies (B) the Administrative Procedures Act (C) rules issued by administrative agencies (D) court decisions reviewing the validity of agency actions (E) all of the other specific choices are correct
all of the other specific choices are correct
167. Which of the following is a form of rulemaking for an agency: (A) issuing formal rules or regulations (B) providing informal policy guidance documents that explain how an agency views the law (C) developing a quasi-common law through issuing decisions in individual cases (D) all of the other specific choices are correct (E) none of the other specific choices are correct
all of the other specific choices are correct
208. Which of the following is a way in which information about compliance with federal laws is obtained: (A) regulated businesses are required to self-report (B) direct observation determines if a business is following the law (C) agency subpoena power is used to require a business to produce documents (D) all of the other specific choices are correct (E) none of the other specific choices are correct
all of the other specific choices are correct
198. When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must: (A) conduct a trial-like hearing (B) examine witnesses from both sides of the issue (C) have open oral testimony by all interested parties (D) allow written commentaries by interested parties (E) all of the other choices
allow written commentaries by interested parties
129. An administrative agency is usually: (A) an international authority created by treaty (B) an arm of the federal prison system (C) a part of the federal judiciary (D) an authority of government that administers a particular law (E) created by the Supreme Court to interpret the effect
an authority of government that administers a particular law
136. A federal law passed by Congress granting powers to an agency is called: (A) a legislative deliberation (B) a public purpose statute (C) an enabling statute (D) a public interest statute (E) an administrative empowerment statute
an enabling statute
139. Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called: (A) an administrative statute (B) an enabling statute (C) a regulatory statute (D) a permanence statute (E) a public interest statute
an enabling statute
127. Administrative agencies are generally created by: (A) a Supreme Court order (B) federal courts to help in areas difficult to regulate by litigation (C) an enabling statute of Congress (D) an executive order of the President (E) a Supreme Court order following an enabling statute of Congress
an enabling statute of Congress
187. Congress authorizes the EPA to regulate air quality by reducing emissions from gasoline engines. The EPA immediately bans gas engines issues such a regulation. The new regulation is probably: (A) a legal issuance of a substantive regulation (B) a legal amendment of a substantive regulation (C) a legal procedural revision of a substantive regulation (D) an improperly implemented substantive regulation (E) an improper revision of an interpretative regulation
an improperly implemented substantive regulation
120. The Federal Trade Commission handles: (A) discrimination cases (B) employment cases (C) antitrust cases (D) food and drug regulation cases (E) compensation cases
antitrust cases
210. The Environmental Protection Agency could require a company subject to its regulations concerning pollution emissions to do all of the following except: (A) bear the costs of collecting samples of emissions on a regular basis and report to the EPA (B) bear the cost of installing pollution monitoring equipment required by the EPA (C) make reports to the EPA on a regular basis about progress being made on improvements in pollution control (D) bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control (E) bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA
bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA
149. If Congress is not satisfied with the way an administrative agency is performing it: (A) can change how the agency operates (B) can only change how the agency operates if voters agree (C) can only change how the agency operates through a Supreme Court order (D) cannot change how the agency operates (E) none of the other choices are correct
can change how the agency operates
134. A legislative delegation: (A) does not delegate to an agency the power to perform its regulatory purpose (B) delegates to an agency the power to perform its regulatory purpose (C) describes to an agency the guidelines for performing its regulatory purpose (D) describes to a court an agency's power (E) delegates responsibilities within an already created agency
delegates to an agency the power to perform its regulatory purpose
164. Administrative agencies engage in rulemaking to: (A) develop regulatory policies (B) determine if Congressional statutes should be implemented (C) determine rules for court procedures (D) determine rules for Executive branch operations (E) all of the other choices
develop regulatory policies
Testing by the EPA for excessive air pollution emissions is an example of acquiring information by: (A) indirect observation (B) direct observation (C) power of subpoena (D) direct enforcement (E) obvious observation
direct observation
141. A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority. (A) administrative statute (B) enabling statute (C) regulatory statute (D) permanence statute (E) public interest statute
enabling statute
145. Organic statue is another term for: (A) enabling statute (B) regulatory statute (C) legislative delegation (D) organic delegation (E) none of the other choices are correct
enabling statute
186. In contrast to legislative rules, interpretative rules are: (A) exempt from the notice and comment requirements of the APA (B) not exempt from the notice and comment requirements of the APA (C) exempt from the rule of law (D) not exempt from the rule of law (E) exempt from the commerce clause
exempt from the notice and comment requirements of the APA
196. When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the: (A) Congressional Quarterly (B) Administrative Reporter (C) Federal Supplement (D) Federal Register (E) Code of Federal Regulations
federal register
209. The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits, the EPA may: (A) demand the factory measure the pollution and report if it is violating the law or not (B) have EPA employees measure the air at the factory to see if it is violating the law or not (C) get a subpoena from a court to force the company to produce documents concerning pollution from the factory (D) have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory (E) have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not
have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not
202. During a formal rulemaking process, an agency may: (A) send the proposed rule to the oversight committee in Congress for a vote (B) send the proposed rule to the U.S. Court of Appeals for review of constitutionality (C) hold an investigatory hearing that may include witnesses who testify about the rule (D) all of the other specific choices (E) none of the other choices
hold an investigatory hearing that may include witnesses who testify about the rule
Suppose EPA requires polluters to report compliance with air pollution emission regulations. Which of the following statements could be true, given the power EPA is likely to have: (A) if a firm does not exceed pollution limits but fails to file reports, it may be fined (B) if a firm does exceed pollution limits and fails to file reports, it may be fined (C) if a firm does exceed pollution limits, it may be fined even if it does file reports on time (D) if a firm does exceed pollution limits and fails to file reports, it may be fined and if a firm does exceed pollution limits, it may be fined even if it does file reports on time (E) if a firm does exceed pollution limits and fails to file reports, it may be fined, and if a firm does exceed pollution limits, it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports, it may be fined
if a firm does exceed pollution limits and fails to file reports, it may be fined, and if a firm does exceed pollution limits, it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports, it may be fined
184. ____are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute. (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules
interpretive rules
132. Congress gives an agency power and authority through a(n): (A) authoritative delegation (B) statute delegation (C) legislative delegation (D) public delegation (E) empowering delegation
legislative delegation
204. If a statute requires that administrative rule making must be "on the record" then the agency: (A) must hold hearings at which witnesses appear to testify about the proposed rule (B) need not hold hearings at which witnesses appear to testify about the proposed rule (C) must have both physical and electronic copies of all rules (D) need only have electronic copies of all rules (E) must have video recordings of the drafting of all relevant rules
must hold hearings at which witnesses appear to testify about the proposed rule
143. Enabling statutes are also sometimes called: (A) organic statutes (B) regulatory statutes (C) legislative delegations (D) organic delegations (E) regulatory delegations
organic statutes
169. Administrative rules are classified as substantive (legislative), interpretative, and: (A) regulatory (B) investigative (C) prospective (D) procedural (E) none of the other choices
procedural
190. The details of an agency's structure and how it operates internally are covered in: (A) procedural rules (B) agency rules (C) structural rules (D) formal rules (E) interpretative rules
procedural rules
192. ____ detail an agency's structure and describe its method of operation and its internal practices. (A) procedural rules (B) agency rules (C) structural rules (D) formal rules (E) interpretative rules
procedural rules
180. When an agency issues a substantive rule, it is generally required by the APA to: (A) interview all parties who will be affected by the regulation before it issues a final order (B) provide public notice and the opportunity for interested parties to comment (C) inform the President of the proposed rule (D) receive the approval of both houses of Congress before it issues a final order (E) inform the President of the proposed rule and receive the approval of both houses of Congress before it issues a final order and interview all parties who will be affected by the regulation before it issues a final order
provide public notice and the opportunity for interested parties to comment
118. The first modern federal regulatory agency was created in 1887 to regulate: (A) taxes (B) food and drugs (C) railroads (D) communications (E) courts
railroads
211. Agencies with statutory authority to require businesses to provide information may do which of the following: (A) require businesses to self-report on a regular basis (B) rely on observation by the agency by physical inspections (C) issue subpoenas, which force businesses to disclose relevant information from their files (D) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files (E) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis
rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis
Administrative agencies enforce regulations by doing which of the following: (A) requiring businesses to self-report (B) direct observation by agency personnel (C) direct observation by Congressional staff (D) requiring businesses to self-report and direct observation by agency personnel (E) requiring businesses to self-report and direct observation by agency personnel and direct observation by Congressional staff
requiring businesses to self-report and direct observation by agency personnel
166. An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of: (A) document drafting (B) rule making (C) rule enforcing (D) rule writing (E) rule passing
rule making
188. Procedural rules issued by administrative agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices
rules that describe an agency's organization, method of operation, and internal practices
206. In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held that: (A) since Congress directly addressed the issue of the bubble policy it was not up to the EPA whether or not to use it (B) since Congress directly addressed the issue of the bubble policy it was up to the EPA whether or not to use it (C) since Congress did not directly address the issue of the bubble policy so it was up to the EPA whether or not to use it (D) since the EPA is not subject to regulation by Congress, it can have whatever policy it wants (E) since Congress gave the EPA special permission to enact whatever policy it wants, the EPA can have the bubble policy if it wants
since Congress did not directly address the issue of the bubble policy so it was up to the EPA whether or not to use it
182. Interpretative rules issued by administrative agencies are: (A) statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice (B) judicial statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices
statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice
194. Which classification of administrative rules are usually the most important: (A) interpretative (B) agency (C) procedural (D) substantive (E) none of the other choices are correct
substantive
174. Administrative laws with the same force of law as statutes enacted by Congress are: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules
substantive rules
176. Which classification of administrative laws have the same force of law as statues enacted by Congress: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules
substantive rules
178. Which classification of administrative laws results in a rule being a federal law: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules
substantive rules
205. Who ensures that an agency has not exceeded its authority or violated proper procedure in issuing a final rule: (A) the state supreme courts (B) the U.S. Court of Appeals (C) the President of the United States (D) Congress (E) the House of Representatives
the US court of appeals
153. The primary source(s) of administrative law include(s): (A) the Legislative Delegation Act (B) the Administrative Procedures Act (C) court decisions reviewing agency decisions (D) the Administrative Procedures Act and court decisions reviewing agency decisions (E) the Administrative Procedures Act and court decisions reviewing agency decisions and the Legislative Delegation Act
the administrative procedures act and court decisions reviewing agency decisions
162. Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s) of the Constitution: (A) the trade clause (B) the agency clause and the property clause (C) the agency clause and the regulatory clause (D) the commerce clause and the necessary and proper clause (E) the defense clause
the commerce clause and the necessary and proper clause
152. The primary source(s) of administrative law include(s): (A) the Administrative Procedures Act (B) the enabling statutes of the administrative agencies (C) court decisions reviewing agency decisions (D) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions (E) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act
the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act
124. An agency created during the late 1960s or early 1970s is: (A) the International Trade Commission (B) the Environmental Protection Agency (C) the Equal Employment Opportunity Commission (D) the International Trade Commission and the Environmental Protection Agency (E) the Environmental Protection Agency and the Equal Employment Opportunity Commission
the environmental protection agency and the equal employment opportunity commission
123. Among the significant agency(s) created during the 1930s were: (A) the Federal Communications Commission (B) the Securities and Exchange Commission (C) the Federal Trade Commission (D) the Federal Communications Commission and the Securities and Exchange Commission (E) the Federal Communications Commission and the Securities and Exchange Commission and the Federal Trade Commission
the federal communications commission and the securities exchange commission
117. The Interstate Commerce Commission was the: (A) first modern federal regulatory agency (B) the most famous modern federal regulatory agency (C) the latest modern federal regulatory agency (D) the biggest modern federal regulatory agency (E) the smallest modern federal regulatory agency
the first modern federal regulatory agency
122. A major notable expansion in administrative agencies came during which period: (A) the Good Times Era (B) the Revolutionary War (C) the Civil War (D) the Great Depression (E) none of the other choices
the great depression
114. According to the Supreme Court, what is one of the most significant legal trends of the last century: (A) the decline of administration bodies (B) the rise of administration bodies (C) the decline of tort suits (D) the rise of tort suits (E) the decline of cases taken to the Supreme Court
the rise of administration bodies
213. Businesses have contested fines resulting from regulations that require mandatory selfreporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that: (A) the self-incrimination privilege of the 5th Amendment applies to individuals only (B) corporations are not protected by the self-incrimination privilege of the 5th Amendment (C) the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for civil penalties (D) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment (E) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment and the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for
the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment
147. Administrative agencies are often created by Congress because: (A) they can consider technical details more effectively than Congress (B) they can handle litigation more quickly than can the judicial system (C) they have the ability to monitor a regulated industry on a continuous basis (D) they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis (E) they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis and can handle litigation more quickly than can the judicial system
they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis
157. The primary purpose of the Administrative Procedures Act is: (A) to provide the judiciary with procedural rules in administrative cases (B) to define procedural rules and formalities of administrative agencies (C) to create a federal bureaucracy to handle the complex problems of business (D) to regulate the procedural requirements of criminal law (E) to amend the common law so the courts can delegate some of their authority to administrative agencies
to define procedural rules and formalities of administrative agencies
