Exam 2 - Admin Law Quiz (Ch. 19) Flashcards
Enabling legislation specifies the powers of an agency (True or False)
True
Most federal agencies are part of the executive branch of government (True or False)
True
To create an agency, Congress enacts enabling legislation (True or False)
True
Agency rules are not as legally binding as the laws that Congress enacts (True or False)
False
After an agency adjudication, the administrative law judge’s order must be appealed to become final (True or False)
False
Congress has no power to influence agency policy (True or False)
False
The Administrative Procedure Act provides for judicial review of most agency actions (True or False)
True
When a new regulation will have a significant impact on a substantial number of small entities, an analysis must be conducted to measure the cost imposed on small businesses (True or False)
True
Courts generally defer to an agency’s findings on facts within the area of its expertise (True or False)
True
An agency cannot conduct a search without a warrant (True or False)
False
Congress has the power to establish an agency with functions that include
a. adjudication
b. prevarication
c. qualification
d. regurgitation
a. adjudication
Like other federal agencies, the Environmental Protection Agency may obtain information concerning activities and organizations that it oversees by issuing a
a. complaint
b. rule
c. subpoena
d. judgement
c. subpoena
In making rules, the procedures of the Equal Employment Opportunity Commission and other federal agencies normally includes a period during which
a. judges are asked about a proposed rule
b. probable violators of a proposed rule are notified and publicized
c. the administrators “notice” a problem and “comment” on it
d. the public is asked to comment on a proposed rule
d. the public is asked to comment on a proposed rule
The Occupational Safety and Health Administration (OSHA) issues a subpoena for Precision Systems Corporation to hand over its files. Precision’s possible defenses against the subpoena include
a. OSHA cannot issue a subpoena
b. OSHA is a federal agency, but Precision only does business locally
c. OSHA’s request is not specific enough
d. OSHA’s request violates Precision’s right to privacy
c. OSHA’s request is not specific enough
The Federal Trade Commission (FTC) issues an order relating to the advertising of Discount Mart, Inc. Discount appeals the oder to a court. The court may review whether the FTC’s action is
a. arbitrary, capricious, or an abuse of discretion
b. discourteous, disrespectful, or dissatisfying to one or more parties
c. flippant, wanton, or in disregard of social norms
d. impious, non-utilitarian, or in violation of ethical precepts
a. arbitrary, capricious, or an abuse of discretion
The Federal Energy Regulatory Commission (FERC) wants to close a series of its meetings to the public. To open the meetings, Jennifer or any citizen could sue the FERC under
a. the Freedom of Information Act
b. the Government-in-the-Sunshine Act
c. the Regulatory Flexibility Act
d. no federal or state law
b. the Government-in-the-Sunshine Act
The U.S. Fish and Wildlife Service orders Elin to stop using a certain type of fishing net from her boat. To appeal this order to a court, Elin must
a. appeal simultaneously to the agency and the court
b. bypass all administrative remedies and appeal directly to the court
c. exhaust all administrative remedies
d. ignore the agency and continue using the net
c. exhaust all administrative remedies
The National Oceanic and Atmospheric Administration (NOAA) is a federal agency. To limit the authority of the NOAA, the president can
a. abolish the NOAA
b. take away NOAA’s power
c. refuse to appropriate funds to NOAA
d. veto legislative modifications to NOAA’s authority
d. veto legislative modifications to NOAA’s authority