Business Law CH 43

T or F Administrative agencies do not have to comply with the Due Process Clause of the U.S. Constitution when adjudicating cases of violation.

False

T or F All state regulatory laws are drafted by the federal government and then adopted by the state.

Flase

Which of the following powers allow administrative agencies to issue substantive rules? A. executive power B.rule making C. judicial authority D. licensing

B.rule making

Administrative agencies are usually granted ________, such as the power to investigate and prosecute possible violations of statutes, administrative rules, and administrative orders.

Executive power

________ is a federal act that opens most federal administrative agency meetings to the public.

Government in the sunshine act

Congress creates other federal administrative agencies called ________ that have broad regulatory powers over key areas of the national economy.

Independent federal administrative agencies

Administrative agencies may issue a ________ that announces a proposed course of action that an agency intends to follow in the future.

Statement of policy

________ law is law that an administrative agency enforces--federal statutes enacted by Congress or state statutes enacted by state legislatures.

Substantive administrative

________ is a rule issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere.

Substantive rule

T or F Administrative subpoena refers to an order that directs the subject of the subpoena to disclose the requested information.

True

T or F All substantive rules are subject to judicial review.

True

T or F Local administrative agencies are agencies created by cities, municipalities, and counties to administer local regulatory law.

True

T or F Regulatory statutes can be termed as administrative laws.

True

T or F The Department of Homeland Security is an example of a federal administrative agency.

True

Which of the following are responsible for enforcing specific administrative statutes enacted by Congress? A Cabinet-level federal departments B. State administrative agencies C. Law enforcement agencies D. Independent federal administrative agencies

A Cabinet-level federal departments

Which of the following is true of the Administrative Procedure Act? A. It establishes how rules and regulations can be adopted by federal administrative agencies. B. It was enacted following the September 11, 2001 terrorist attacks. C. It provides for a uniform legal and justice system across the United States. D. It divides administrative power between the federal legislative branch and state legislatures.

A. It establishes how rules and regulations can be adopted by federal administrative agencies.

Which of the following is a provision of the Freedom of Information Act? A. It gives the public access to documents in the possession of federal administrative agencies. B. It protects persons from harassment by federal administrative agencies. C. It opens most federal administrative agency meetings to the public. D. It allows public admission to the day-to-day workings of an administrative agency.

A. It gives the public access to documents in the possession of federal administrative agencies.

Which of the following is true of a substantive rule? A. Violators can be held criminally liable. B. It does not have the force of law and is only issued as a guideline. C. Substantive rules are exempt from judicial review. D. It interprets existing statutory language

A. Violators can be held criminally liable.

General government regulation consists of laws that regulate _________ A. businesses and industries B. government-aided organizations C. the executive branch of the federal government D. the legislative branch of the federal government

A. businesses and industries

________ law is law enacted by governments that regulate industries and businesses and professionals.

Administrative

The Federal Trade Commission which enforces federal antitrust and consumer protection laws is an example of an) _________. A. government-aided organizations B. independent federal administrative agency C. law enforcement agency D. cabinet-level federal departments

B. independent federal administrative agency

Which of the following is the Department of Homeland Security's foremost responsibility? A. to enforce laws to prevent and control civil unrest in the country B. to enforce laws to prevent domestic terrorist attacks and related criminal activities C. to enforce laws to prevent the possibility of the United States going to war D. to enforce laws to prevent and control economic recession in the country

B. to enforce laws to prevent domestic terrorist attacks and related criminal activities

Which of the following is true of administrative agencies? A. All administrative agencies directly answer to the president. B. An existing administrative agency cannot administer a new law. C. Administrative agencies can be created by federal, state, and local governments. D. A separate administrative agency must be created to enforce every law.

C. Administrative agencies can be created by federal, state, and local governments.

Which of the following acts protects persons from harassment by federal administrative agencies? A. Freedom of Information Act B. Equal Access to Justice Act C. Government in the Sunshine Act D. Privacy Act

C. Government in the Sunshine Act

A(n) _________ announces a proposed course of action that an agency intends to follow in the future. A. interpretive rule B. operational code C. statement of policy D. substantive rule

C. statement of policy

Federal administrative agencies are created by _________ A. the U.S. President B. general public elections C. the U.S. Congress D. the U.S. judiciary

C. the U.S. Congress

________ are federal agencies that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress.

Cabinet-level federal departments

_________ establishes the protocol that must be followed by an administrative agency while enforcing substantive laws. A. Formal ruling B. Substantive administrative law C. Informal ruling D. Procedural administrative law

D. Procedural administrative law

_________ consists of laws that regulate particular industries. A. Independent federal administration B. General government regulation C. Statements of policy D. Specific government regulation

D. Specific government regulation

Which of the following is true of state administrative agencies? A. They are created by federal administrative agencies. B. They act as advisory boards for the president. C. They are not empowered to enforce statutes. D. Their decisions can be appealed to a state court.

D. Their decisions can be appealed to a state court.

T or F All federal administrative agencies answer directly to the president.

False

T or F Even in an emergency situation, a warrantless search conducted by an administrative agency constitutes a violation of the Fourth Amendment.

False

T or F General government regulation consists of laws that regulate the operation of the three branches of the federal government.

False

T or F Procedural administrative law establishes the procedure that must be followed by the federal or state legislatures in creating an administrative agency.

False

T or F The Administrative Procedure Act establishes procedures that industries and businesses must follow when conducting their affairs.

False

T or F The Privacy Act provides that documents in the possession of federal administrative agencies are confidential to the respective agencies and cannot be accessed by the public.

False

T or F The delegation doctrine only allows executive and legislative powers to administrative agency, and not judicial.

False

________ consists of laws that regulate businesses and industries collectively

General government regulation

________ is a permission that an administrative agency grants to persons or businesses to conduct certain types of commerce or professions.

License

A(n) ________ is a decision issued by an administrative law judge.

Order

________ is a federal act which states that federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose.

Privacy act

Administrative law is a combination of substantive and ________ law.

Procedural

________ requires the respondent to be given proper and timely notice of the allegations or charges against him or her and an opportunity to present evidence on the matter.

Procedural due process

Administrative laws are often referred to as ________ statutes.

Regulatory

T or F The decisions issued by an administrative law judge are in the form of administrative orders.

True