business law chapter 4

Order

A binding decision rendered by a judge.

Administrative law judge

A judge who presides over an administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision.

Subpoena

an order to appear at a particular time and place and provide testimony

a(n) ______ administrative agency is typically not located within a government department.

independent

When can an administrative law judge render an order?

after a hearing

Administrative Agencies

Any government body created by the legislative branch to carry out specific duties

In terms of the open-meeting requirement of the government in sunshine act, a(n) _______ consists of to or more persons, the majority of whom are appointed by the president with the advice and consent of the senate.

Collegiate body

A _______ is a statement in which a company agrees to stop disputed behavior but does not admit that it broke the law.

Consent order

______ legislation is a statute that specifies the name, function, and specific powers of an administrative agency.

Enabling

The ______ Act requires administrative agency business meetings to be open to the public if the agency is headed by a collegiate body.

Government in Sunshine

Some administrative agencies do not fall clearly into executive or independent agency categories. These agencies are typically referred to as ______ agencies.

Hybrid

Identify the types of rule making used by administrative agencies.

Informal, formal, and hybrid

Agencies have three types of power

Legislative, judicial, and executive

________ are general comments about the directions in which an administrative agency intends to proceed with respect to its rule-making or enforcement activities?

Policy statements

Administrative law consists of the _____ and _____ rules created by administrative agencies.

Substantive; procedural

Administrative Law

The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.

Interstate Commerce Commission

The first federal administrative agency, created to regulate the anti competitive conduct of railroads. Created near the end of the 19th century

Which of the following is not included in the types of rules administrative agencies may enact? a) interpretive b) doctoral c) legislative d) procedural

b) doctoral

The first ______ administrative agency was the interstate commerce commission, which was created to regulate the anti-competitive conduct of ________.

federal; railroads

In terms of judicial review of an administrative agency's fact finding, the court must be satisfied that the facts were supported by ________.

substantial evidence

Information limitations on administrative agency power include _____.

the freedom of information act, the government in sunshine act, and the privacy act of 1974

Enabling Legislation

A statute that specifies the name, functions, and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience, and necessity.

Adjudication

Enabling statutes delegate judicial power to agencies to settle or adjudicate individual disputes that an agency may have with businesses or individuals. After investigation, the agency holds an administrative hearing before an Administrative law judge.

The _____ is the government publication in which an administrative agency publishes each proposed rule.

Federal register

Which of the following is an example of an executive agency? a) the national labor relations board the b) the general services administration c) the federal trade commission d) the federal communications commission.

b) the general services administration

consent order

a statement in which a company agrees to stop disputed behavior but does not admit that it broke the law

Aside from rule making, administrative agencies perform all but which of the following additional tasks? a) administering estates b) advising c) conducting research d) issuing permits

a) administering estates

Which of the following information is not included in enabling legislation, which is used by congress to create an administrative agency? a) the powers of the administrative agency b) the duration of the administrative agency c) the name of the administrative agency d) the functions of the administrative agency

b) the duration of the administrative agency

Which of the following statements is not true about the political limitations on administrative agency powers? a) once a person becomes an administrative agency head, he or she cannot be fired. b) the US president appoints the administrative heads of all executive agencies with the advice and consent of the US senate. c) executive administrative agencies are particularly accountable to the executive branch d) the political slant (liberal or conservative) of an executive administrative agency is significantly influenced by the US president.

a) once a person becomes an administrative agency head, he or she cannot be fired.

which of the following is not included in president barack obama's executive order on ethics commitments by executive branch personnel? a) requiring government hiring to be based on political connections b) closing the "revolving door" between government and private-sector jobs c) prohibiting executive branch employees from accepting gifts from lobbyists d) requiring government hiring to be based on qualifications, competence, and experience.

a) requiring government hiring to be based on political connections

Which of the following is an example of an executive administrative agency? a) the federal deposit insurance corporation b) the consumer product safety commission c) the equal opportunity commission d) the commodity futures trading commission

a) the federal deposit insurance corporation

A(n) ______ agency is any government body created by the US congress, a state legislature, or a city council to carry out specific duties.

administrative

_____ law consists of the substantive and procedural rules created by administrative agencies.

administrative

After an investigation regarding a dispute an administrative agency has with a business or an individual, the agency holds an administrative hearing before a(n) ______.

administrative law judge

the _____ is a federal legislation passed that limits how administrative agencies are run and contains very specific guidelines on rule making by agencies.

administrative procedures act

Which of the following is not true about statutory limitations on administrative agency powers? A)The US congress has 60 days to review proposed agency rules and override the rules before they become effective. b) Pursuant to the tenth Amendment to the US constitution, statutory limitations on agency power must originate from state legislature. c)The US congress has the power to dissolve an administrative agency. d)If the US congress is unhappy with an agency, it may amend the agency's enabling legislation and limit the agency's power.

b) Pursuant to the tenth Amendment to the US constitution, statutory limitations on agency power must originate from state legislature.

Identify a statement that is not true about the political limitations on administrative agency powers. a) the US congress has significant control over administrative agencies. b) an agency's budget cannot be cut or defunded if the US congress decides that the agency is not performing as it wishes. c) the US senate must approve presidential nominees for administrative heads of agencies. d) the US congress has control over the budgets of all administrative agencies

b) an agency's budget cannot be cut or defunded if the US congress decides that the agency is not performing as it wishes.

Which of the following is not a task performed by administrative agencies in addition to rule making? a) issuing permits b) gerrymandering c) advising d) conducting research

b) gerrymandering

Which of the following is not an example of an independent administrative agency? a) the national labor relations board b) the federal depository insurance corporation c) the nuclear regulatory commission d) the federal trade commission

b) the federal depository insurance corporation

Which of the following rights are not guaranteed by the privacy act of 1974? a) the right to see records about oneself, subject to the privacy act's exemptions b) the right to be secure in one's own house(s) c) the right to amend a nonexempt record if it is inaccurate d) the right to sue the government for violations of the statute

b) the right to be secure in one's own house(s)

In terms of judicial limitations on administrative agency powers, if an administrative rule is subjected to judicial review, the court will consider all except which of the following? a)The scope of the agency's authority. b)The political affiliation of the agency head. c)The facts of the case. d)The agency's interpretation of the rule.

b)The political affiliation of the agency head.

Which of the following is a type of administrative agency? a) dependent b) executory c) independent d) ex-officio

c) independent

Which of the following is an example of a hybrid administrative agency? a) the national science foundation b) the small business administration c) the federal energy regulation commission d) the federal trade commission

c) the federal energy regulation commission

Information limitations on administrative agency power include all but which of the following? a) the freedom of information act b) the privacy act of 1974 c) the government transparency act d) the government in sunshine act

c) the government transparency act

a(n) ______ agency refers to a situation where biased agency employees refuse to ignore their past ties to industry and fail to pass regulations that would be in the public interests.

captured

Which of the following is an accurate statement regarding federal and state administrative agencies? a) the most important federal administrative agency affecting environmental matters is the federal trade commission. b) if a federal administrative agency exists, it cannot delegate work to a related state agency. c) currently, only 19 states have a state-based environmental protection agency d) currently, more than 100 federal administrative agencies are in operation, as well as countless state agencies.

d) currently, more than 100 federal administrative agencies are in operation, as well as countless state agencies.

The basic limits on administrative agency power include all but which of the following? a) political b) judicial c) informational d) declaratory

d) declaratory

Which of the following records is an exemption to the privacy act of 1974? a) records regarding durable powers of attorney b) records regarding intestate estates c) records regarding an individual's tort liability as determined by civil judgement d) records regarding classified information on national security

d) records regarding classified information on national security

Which of the following is an example of a hybrid administrative agency? a) the veterans administration b) the nuclear regulatory commission c) the consumer product safety commission d) the environmental protection agency

d) the environmental protection agency

Which of the following is an executive administrative agency? a) the nuclear regulatory commission (nrc) b) the national labor relations board(nlrb) c) the federal trade commission(ftc) d) the national science foundation(nsf)

d) the national science foundation(nsf)

Which of the following is a power possessed by administrative agencies? a) the power tom render a judgement on pleadings b) the power to issue a writ of mandamus c) the power to render a summary judgement d) the power to issue a subpoena

d) the power to issue a subpoena

rule making

enabling statutes permit administrative agencies to issue rules that control individual and business behavior. These rules have the same effect as law. If an individual or business fails to comply with agency rules, there are often civil, as well as criminal, penalties. Agencies may enact three types of rules, Procedural, Interpretive, and legislative.

An ______ agency is typically located within the executive branch.

executive

What are the two types of administrative agencies?

executive and independent

The administrative procedures act allows _____ rule making for proceedings regarding military or foreign affairs.

exempted

The administrative procedures act requires _____ rule making when an enabling statute or other legislation mandates all regulations or rules to be enacted by an agency as part of a formal hearing process that includes a complete transcript.

formal

The _______ is federal legislation that mandates and facilitates public access to government information and records, including records about oneself.

freedom of information act

A _____ administrative agency is an agency that has characteristics of both executive and independent agencies.

hybrid

which of the following combines the best features of both formal and informal rule making? a) hybrid rule making b) administrative rule making c) notice-and-comment rule making d) administrative arbitration

hybrid rule making

a(n) ______ rule is a rule that does not create any new rights or duties but is merely a detailed statement of an administrative agency's interpretation of an existing law.

interpretive

________ is a type of power possessed by administrative agencies.

legislative

What type of dispute resolution is used in reg-neg?

mediated bargaining sessions

Informal rule making is also called _____ rule making.

notice-and comment

a(n) ______ is a binding decision rendered by a judge.

order

Identify the basic limits on powers of administrative agencies.

political, statutory, judicial, and informational