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True / False
1. Congress established the Interstate Commerce Commission as the first federal agency to regulate railroads.
a. True
b. False
2. The first federal administrative agency was the Federal Trade Commission.
a. True
b. False
3. The Federal Trade Commission was established in 1935 to attack monopolies.
a. True
b. False
4. Many federal administrative agencies were created during the Civil War.
a. True
b. False
5. One agency created in the 1930s was the Federal Communications Commission.
a. True
b. False
6. The Securities and Exchange Commission (SEC) is a major administrative agency created during the late 1960s.
a. True
b. False
7. The Equal Employment Opportunity Commission is newer than most federal agencies.
a. True
b. False
8. Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year.
a. True
b. False
9. There are about 250 federal regulatory agencies issuing about two thousand pages of regulations each year.
a. True
b. False
10. Administrative agencies are generally created by the Supreme Court to solve a legal problem that requires
expertise, flexibility, and continuous supervision.
a. True
b. False
11. An administrative agency can be defined as an authority of the government, other than a legislature or a court,
created to administer a particular law.
a. True
b. False
12. An agency's authority is generally provided by Congress in an enabling statute that creates an agency.
a. True
b. False
13. Congress gives administrative agencies power through legislative delegations.
a. True
b. False
14. The Federal Administrative Act established many of the basic principles of modern administrative law.
a. True
b. False
15. The Administrative Procedures Act is a major source of administrative law.
a. True
b. False
16. Administrative law consists of enabling statutes, the Administrative Procedures Act, and court decisions about
agency actions.
a. True
b. False
17. A key source of administrative law is the Government in the Sunshine Act.
a. True
b. False
18. Congress has authority to create administrative agencies due to the Commerce and the Necessary and Proper
Clauses of the Constitution.
a. True
b. False
19. Once an agency has been granted authority to control an area of concern, such as the EPA controls certain
pollution, Congress may not interfere with agency functions.
a. True
b. False
20. Agency regulations issued under proper rulemaking procedures require approval by the President.
a. True
b. False
21. Through rulemaking procedures an agency develops administrative rules and spells out its regulatory policy.
a. True
b. False
22. Substantive rules issued by administrative agencies have the same force and effect of law as Congressional
statutes.
a. True
b. False
23. Substantive or legislative rules are statements issued by an agency to provide its staff and the public with guidance
about interpretation of a statute or regulation.
a. True
b. False
24. Substantive or legislative rules are usually required to have public notice and comment before they take effect.
a. True
b. False
25. Substantive or legislative rules are in the public record for inspection before they become final.
a. True
b. False
26. When agencies write substantive (legislative) rules they must receive approval of Congress before becoming
effective.
a. True
b. False
27. All administrative rules are formally called procedural rules.
a. True
b. False
28. Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act.
a. True
b. False
29. Interpretative rules guide the staff of an agency as to how substantive rules or statutes should be viewed in
practice.
a. True
b. False
30. Interpretative rules may never be challenged by parties affected by such rules.
a. True
b. False
31. Rules that identify an agency's structure, method of operation, or detail its internal practices are called substantive
or legislative rules.
a. True
b. False
32. If an agency, in enforcing a substantive (legislative) rule, does not follow its own procedural rules, a challenge to the
agency's decision is likely to be upheld.
a. True
b. False
33. The Administrative Procedures Act requires that notice of proposed agency rules appear in the Federal Register
so there is a chance for the public to see the rule.
a. True
b. False
34. After a regulation is finalized in the Federal Register it is no longer subject to review.
a. True
b. False
35. Most comments on proposed rules are submitted in writing, rather than given as oral testimony.
a. True
b. False
36. Comments that are filed by interested members of the public about proposed regulations can form the basis of a
legal challenge to a rule that is finalized and failed to take note of a valid critical comment.
a. True
b. False
37. Comments on proposed regulations may be filed only by parties with standing to address the regulation.
a. True
b. False
38. In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency
regulations, must review the matter "de novo" like any other case that has been appealed.
a. True
b. False
39. In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency
regulations, must give deference to the agency decision unless the regulations are arbitrary or contrary to a statute
passed by Congress.
a. True
b. False
40. In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency
regulations, must give deference to an agency's "construction of of a statutory scheme."
a. True
b. False
41. In Chevron v. NRDC the Supreme Court held that court of appeals was correct that the EPA had taken too much
power to itself by allowing a "bubble" concept for air pollution regulation at major stationary sources in violation of
the desire of Congress.
a. True
b. False
42. Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals.
a. True
b. False
43. Businesses subject to regulation can be made to report to the regulatory agency on a routine basis, including any
violations of the law they commit.
a. True
b. False
44. A business that volunteers information that it has violated a regulatory standard may be punished for that violation.
a. True
b. False
45. Once a business is subject to a regulation, an agency does not need a subpoena to obtain records relevant to
following the regulation.
a. True
b. False
46. The Supreme Court has ruled that agencies have the right to control all aspects of material posted on the Internet.
a. True
b. False
47. Agency inspections by direct observation of a business and its activities always require a search warrant.
a. True
b. False
48. The Supreme Court has ruled that agencies do not need search warrants to inspect business property.
a. True
b. False
49. As a result of the Supreme Court case Dow Chemical v. U.S., administrative agencies are required to obtain a
search warrant before they conducted observations.
a. True
b. False
50. In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of
Dow property when it took aerial photographs in search of evidence of violations of the law.
a. True
b. False
51. In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of
Dow property when it took aerial photographs because business property is not protected by the 4th Amendment,
unlike personal property.
a. True
b. False
52. In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of
Dow property when it took aerial photographs because the property could be observed by anyone from the air.
a. True
b. False
53. Agencies may obtain subpoenas, allowing them to inspect regulated facilities, only by a showing to a federal judge
or magistrate of suspected violations.
a. True
b. False
54. The administrator of an agency may have authority to issue subpoenas to employees to search for evidence of
wrongdoing by firms under their regulatory control.
a. True
b. False
55. Businesses do not have to comply with subpoenas from regulatory agencies, they must come from a U.S. Attorney
to be fully enforceable.
a. True
b. False
56. Businesses do not have to provide confidential information to a government agency in administrative law matters.
a. True
b. False
57. Only civil penalties may be imposed on violators of regulations imposed by administrative agencies.
a. True
b. False
58. In addition to civil and criminal penalties, agencies are generally given authority to impose other types of special
sanctions, such as seizing company property.
a. True
b. False
