Chapter 15 exam 2
Administrative agencies have either quasi-legislative regulatory authority or quasi-judicial regulatory authority, but they cannot have both. False True
False
Advisory opinions of an administrative agency are as binding as formal rulings. True False
False
In exercising their investigative functions, administrative agencies are excluded from using subpoena powers. True False
False
Which of the following is true of the Occupational Safety and Health Administration (OSHA)? It administers laws to prohibit distribution of adulterated, misbranded, or unsafe food and drugs. It protects the public against unreasonable risks of injury associated with consumer products. It regulates civil aviation to provide safe and efficient use of airspace. It administers all laws relating to water pollution, air pollution, solid wastes, pesticides, and toxic substances. It ensures all workers a safe and healthy work environment.
It ensures all workers a safe and healthy work environment.
Which of the following statements is true of a consent order? It is extremely expensive in comparison to other types of orders. It is commonly known as a commission order. It requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review. It excludes organizations and nonprofit organizations in its scope. It orders that a violator stop the objectionable activity and refrain from any further similar violations.
It requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review.
Which of the following statements is true of the functionality of agencies providing services? The mere existence of most government programs hardly creates any new agency or expands the functions of an existing one. Government agencies often stand as a substitution for competition. Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits. Welfare programs are run easily without being administered by the government. Agencies that function to provide services are created out of sheer manpower rather than necessity.
Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits.
Choose the statement below that is true of administrative agencies? They are organizations created by the legislature to serve a specific purpose. State and local governments do not have administrative agencies. Administrative agencies that issue rules having the impact of laws are called quasi-judicial agencies. Administrative agencies with quasi-executive authority make decisions like a court. Administrative agencies license and regulate intrastate transportation.
They are organizations created by the legislature to serve a specific purpose.
According to the doctrine of the exhaustion of remedies, judicial review is available only for final actions by an agency. False True
True
All levels of government have grown larger and more complex in the twenty-first century. False True
True
Expertise beyond Congress is required to develop sound policies and proper decisions in response to problems in different areas regulated by the law. True False
True
For the courts to exercise their function of limited review, an agency must provide a record that sets forth the reasons and basis for its decision. True False
True
The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency. True False
True
The primary focus of policymaking by way of regulation has been on balancing the costs of regulatory programs with their potential benefits. True False
True
To establish standing, the challenging party must address issues relating to the reviewability of a decision and the aggrieved party involved. False True
True
The ______ function of an administrative agency involves both fact-finding and applying law to the facts. rule-making investigating adjudicating policy making advising
adjudicating
The Federal Reserve Board (FRB) found that Parson Inc., a newly established financial company, had violated banking laws. The company was involved in transactions that were prohibited by the United States government. Along with imposing a hefty fine, the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future. This order is an example of a(n) ______. consent order assignment order preliminary order commission order cease and desist order
cease and desist order
Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations? commission order assignment order consent order cease and desist order preliminary order
cease and desist order
Administrative agencies are needed to provide all of the following except_______. protection services specificity expertise discretion
discretion
Administrative law judges are organizationally integrated with the rest of the agency. responsible for the minutes of agency meetings and are legal custodians of its records. employed by the agency that is in charge of hearing the initial presentations. intermediaries between regulators and those being regulated. excluded from hearing cases of alleged law violations.
employed by the agency that is in charge of hearing the initial presentations.
The government relies on administrative agencies for ________, which is/are necessary to develop sound policies and provide solutions and management for problems. specificity services expertise protection regulation
expertise
Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to develop detailed rules and regulations to carry out the legislative policy. replace competition with regulation. provide services that have arisen out of necessity. refer the problem or area to experts for solution and management. protect the public, especially from the business community.
protect the public, especially from the business community.
Which of the following type of regulatory authority issues rules that have the impact of laws? in personam quasi in rem quasi-executive quasi-regulatory quasi-legislative
quasi-legislative
The Securities and Exchange Commission (SEC) primarily functions as a(n) ______ body, which oversees the issue and sale of investment securities. emergency supervising investigating rulemaking adjudicating
supervising
Which federal agency promotes dependable, affordable energy through sustained competitive markets? the Federal Energy Regulatory Commission (FERC) the Federal Reserve Board (FRB) the Federal Communications Commission (FCC) the Federal Trade Commission (FTC) the Equal Employment Opportunity Commission (EEOC)
the Federal Energy Regulatory Commission (FERC)
Which of the following federal agencies protects the public from anticompetitive behavior and unfair and deceptive business practices? the National Labor Relations Board (NLRB) the Federal Trade Commission (FTC) the Equal Employment Opportunity Commission (EEOC) the Federal Reserve Board (FRB) the Consumer Product Safety Commission (CPSC)
the Federal Trade Commission (FTC)