Business Law Chapter 6

A(n) __________ is a negotiated disposition of a matter before an administrative agency, generally without public sanctions.

Informal settlement

The Freedom of Information Act:

Is intended to subject agency action to public scrutiny.

The modern administrative agency typically possesses legislative, executive, and judicial powers.

True

The public has access to the activity of administrative agencies in three ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines.

True

The "public comment" period for proposed administrative agency rules must be at least __________ days.

30

Proposed administrative regulations must be:

Both printed in the Federal Register and published in the trade journals of trades that will be affected.

Which of the following is beyond the enforcement power of an agency?

Convicting of criminal violations

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

False

Regulations properly adopted by agencies are important, but they do not have the full force of law, as do statutes.

False

Under the _______ Amendment, agency officials have the right to conduct________ with a warrant, but a(n) ________ inspection is permitted when violations are dangerous to public health and safety.

Fourth, inspections, warrantless.

An administrative regulation:

Has the force of law.

Concerning administrative investigations:

Papers and records generally may be subpoenaed by an agency.

Meetings are to be open to the public under:

The Sunshine Act.

Administrative agencies may make the rules, police the community to see the rules are obeyed, and sit in judgment to determine violations of their rules

True

An administrative agency is a governmental body charged with administering and implementing legislation

True

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.

True

Administrative hearings often have additional parties involved, called ______, who are _______ with an interest in the case are permitted to participate.

intervenors, industry organizations.

The ____________ protection against self-incrimination cannot be invoked by a corporate officer when an agency has subpoenaed corporate records.

​Fifth Amendment.

​An administrative agency can be created to perform:

All three of the functions of government.

​To satisfy the requirements of due process, an agency handling a complaint must generally _______, although there is no right to _________.

Give notice and hold a hearing, trial by jury before an agency.

The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

True

The Electronic Freedom of Information Act Amendments of 1996 extend the public availability of information to electronically stored data.

True

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

True

Under the Sunshine Act of 1976, called the open meeting law, the federal government requires most meetings of major administrative agencies to be open to the public.

True

Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited jurisdiction.

True

Which of the following is part of an administrative agency's power to investigate?

All of these: An investigation to determine whether additional administrative rules need to be adopted. An investigation to determine whether the defendant in a proceeding before the agency is complying with its final order. An investigation to ascertain facts with respect to a particular suspected or alleged violation

When it comes to administrative agencies, courts:

All of these: Do not substitute their own judgment in agency decisions. Regard agencies as able to perform their duties effectively. Accept rules that have been established by agencies using a rational basis.

Generally, which power(s) does (do) an administrative agency possess?

All powers necessary to effectively perform the duties entrusted to it

Before an agency can begin rulemaking proceedings it must be given jurisdiction:

By congressional enactment in the form of a statute.

A subpoena to testify or to produce records:

Cannot be opposed on the grounds that such a request constitutes an unreasonable search and seizure.

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

False

An administrative agency cannot hold a hearing without a jury.

False

An administrative agency is barred from examining the records of a business enterprise by the constitutional guarantee against unreasonable searches and seizures.

False

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.

False

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.

False

It is a conflict of interest for administrative agencies to allow members of the industry that is to be regulated, to participate in rule-making deliberations.

False

The Federal Register Act provides that printing an administrative regulation in the Code of Federal Regulations is public notice of the contents of the regulation to persons subject to it or affected by it

False

The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.

False

The Freedom of Information Act provides access to any information upon request.

False

The authority of an agency is limited to the technology in existence at the time the agency was created.

False

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

True

The United States constitution places the most significant limitations on administrative investigation in the area of:

Search and seizure of the person.

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

True

An administrative agency has the power to investigate, to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law.

True

An agency hearing is generally not subject to the rules of evidence.

True

As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.

True

Because administrative agencies have broad powers, they are subject to strict procedural rules as well as disclosure requirements.

True

Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted.

True

A significant difference between an administrative agency hearing and a court hearing is that:

There is no right of trial by jury before an agency.

A consent decree is an informal settlement of an enforcement action brought by an administrative agency.

True