Question 1

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites.The first step is

Accepted Answer

A)  compile the rule with others in the Code of Federal Regulations.
B)  conduct an on-site inspection.
C)  publish a notice of the proposed rulemaking.
D)  solicit public comment.E) A) and B)
F) B) and C)

Question 2

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Accepted Answer

A) True 
 B)False

Question 3

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

A)  not part of the government's executive branch.
B)  outside the major departments of the government's executive branch.
C)  subagencies of executive agencies.
D)  subject to more executive authority than executive agencies.E) A) and D)
F) A) and C)

Question 4

Labor Recruiters,Inc.,has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board.A significant difference between a trial and an administrative hearing is that

Accepted Answer

A)  attorneys are not allowed to attend administrative hearings.
B)  clients are not allowed to communicate with their attorneys dur?ing adminis?trative hearings.
C)  hearsay can be introduced as evidence in an administrative hearing.
D)  the burden of proof is on the charged party to prove innocence.E) B) and C)
F) C) and D)

Question 5

Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

Accepted Answer

A) True 
 B)False

Question 6

Truck Transport Company is subject to a decision by the National Labor Relations Board.Truck Transport appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

Accepted Answer

A)  followed a consideration of legally appropriate factors.
B)  justifiably changed the agency's prior policy.
C)  was accompanied by a rational explanation.
D)  was plainly contrary to the evidence.E) C) and D)
F) B) and C)

Question 7

Federal executive agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 8

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Accepted Answer

A) True 
 B)False

Question 9

Nursing Home Care Company is charged with violating a rule of the Social Security Administration.Most likely,Nursing Home Care will be required to appear at a hearing presided over by

Accepted Answer

A)  a federal appellate court judge.
B)  a federal district court judge.
C)  an administrative law judge.
D)  a U.S Marshal.E) B) and D)
F) B) and C)

Question 10

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Accepted Answer

A)  agency coercion.
B)  infiltrating Verity's computers without the firm's knowledge.
C)  public comment.
D)  Verity's consent.E) A) and D)
F) A) and C)

Question 11

Only experts can submit comments on a proposed administrative rule.

Accepted Answer

A) True 
 B)False

Question 12

With some exceptions,every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

Accepted Answer

A)  no federal or state law.
B)  the Freedom of Information Act.
C)  the Government-in-the-Sunshine Act.
D)  the Public Accountability Act.E) None of the above
F) A) and C)

Question 13

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies,the IRS was created by

Accepted Answer

A)  Congress,through enabling legislation.
B)  the courts,through the adjudicatory process.
C)  the U.S.Constitution,through the First Amendment.
D)  the U.S.Department of the Treasury,through a final order.E) A) and B)
F) B) and C)

Question 14

The U.S.Fish and Wildlife Service utilizes notice-and-comment rulemaking.This involves a period during which

Accepted Answer

A)  judges,legislators,and the president are asked about a proposed rule.
B)  potential 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.E) A) and B)
F) A) and C)

Question 15

State regulation,when not preempted,may cover many of the same activities as federal regulation.

Accepted Answer

A) True 
 B)False

Question 16

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in

Accepted Answer

A)  the news media.
B)  a trade journal available to members of the industry.
C)  the Federal Register.
D)  an office memo that employees are free to take home.E) A) and B)
F) B) and D)

Question 17

In most instances,an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

Accepted Answer

A) True 
 B)False

Question 18

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety,Inc.Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

Accepted Answer

A)  incriminating.
B)  relevant.
C)  technical.
D)  valuable.E) None of the above
F) All of the above

Question 19

Interpretive rules simply declare policy and do not affect legal rights or obligations.

Accepted Answer

A) True 
 B)False

Question 20

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Accepted Answer

A) True 
 B)False

Exam 38: Administrative Law

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Correct AnswerverifiedShow Answer

Labor Recruiters,Inc.,has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board.A significant difference between a trial and an administrative hearing is that

Correct AnswerverifiedShow Answer

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies,the IRS was created by

Correct AnswerverifiedShow Answer

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites.The first step is

Correct AnswerverifiedShow Answer

Independent regulatory agencies such as the Federal Trade Commission are

Correct AnswerverifiedShow Answer

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in

Correct AnswerverifiedShow Answer

With some exceptions,every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

Correct AnswerverifiedShow Answer

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Correct AnswerverifiedShow Answer

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety,Inc.Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

Correct AnswerverifiedShow Answer

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Correct AnswerverifiedShow Answer

Interpretive rules simply declare policy and do not affect legal rights or obligations.

Correct AnswerverifiedShow Answer

Truck Transport Company is subject to a decision by the National Labor Relations Board.Truck Transport appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

Correct AnswerverifiedShow Answer

In most instances,an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

Correct AnswerverifiedShow Answer

Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

Correct AnswerverifiedShow Answer

The U.S.Fish and Wildlife Service utilizes notice-and-comment rulemaking.This involves a period during which

Correct AnswerverifiedShow Answer

Nursing Home Care Company is charged with violating a rule of the Social Security Administration.Most likely,Nursing Home Care will be required to appear at a hearing presided over by

Correct AnswerverifiedShow Answer

State regulation,when not preempted,may cover many of the same activities as federal regulation.

Correct AnswerverifiedShow Answer

Federal executive agencies are outside the federal executive departments.

Correct AnswerverifiedShow Answer

Only experts can submit comments on a proposed administrative rule.

Correct AnswerverifiedShow Answer

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Correct AnswerverifiedShow Answer

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