71. Enabling acts:
a. are regulations of administrative agencies.
b. are nonlegislative provisions.
c. establish administrative agencies and their authority.
d. must contain sunset provisions.
72. The Administrative Procedures Act includes:
a. the Freedom of Information Act.
b. the Federal Register Act.
c. zero-base budgeting.
d. enabling legislation.
73. An FOIA request (to be valid):
a. must be in writing.
b. must describe the reason the documents are sought.
c. can request any information in an agency’s file.
d. must include prepayment of copy fees.
74. Which of the following is not exempt from an FOIA request?
a. national defense or foreign policy information
b. internal agency policies on copy charges
c. trade secrets
d. investigation records
75. A reverse FOIA suit is:
a. one brought by an administrative agency.
b. a suit to stop disclosure of information.
c. not available at the federal level.
d. a suit brought by an agency against another agency.
76. The Federal Privacy Act:
a. prohibits release of information (by public agencies) on individuals.
b. does not apply to all agencies.
c. provides a disclosure exemption for law enforcement purposes.
d. does not cover medical records.
77. The Government in the Sunshine Act:
a. is often called an open-meeting law.
b. applies to federal agencies whose heads are appointed by Congress.
c. requires all agency meetings to be public.
d. applies to congressional committee meetings.
78. Formal rulemaking differs from informal rulemaking in:
a. public notice is required for formal rulemaking not informal.
b. a public comment period is needed for formal rulemaking but not informal.
c. no modification period exists in formal rulemaking.
d. none of the above
79. Public hearings:
a. are required in both formal and informal rule making.
b. can be held regionally.
c. are required under the Regulatory Flexibility Act.
d. none of the above
80. Which of the following is not grounds for challenging an administrative regulation?
a. arbitrary and capricious
b. lack of substantial evidence
c. ultra vires
d. lack of a congressional hearing
81. Enforcement of federal administrative regulations:
a. is a function of the executive branch.
b. is a function of the Justice Department.
c. is part of the agency’s role.
d. none of the above
82. A consent decree is:
a. comparable to a not guilty plea.
b. comparable to a nolo contendere plea.
c. a guilty plea to agency charges.
d. not made public.
83. Sanctions that can be imposed by agencies include:
a. injunctions.
b. fines.
c. loss of license.
d. all of the above
84. Appeals from federal administrative agency decisions go:
a. to federal district court.
b. to U.S. Court of Appeals.
c. directly to the U.S. Supreme Court.
d. none of the above
85. The Federal Privacy Act:
a. is the same as the Regulatory Flexibility Act.
b. does not apply to medical and employment histories.
c. is part of the Administrative Procedures Act.
d. applies to all law enforcement information exchanges.
86. The Federal Register Act is:
a. not part of the Administrative Procedures Act.
b. an act that provides for publication of the United States Code.
c. the same as the Regulatory Flexibility Act.
d. the act that covers the registration of meetings.
87. The National Transportation Safety Board has proposed a new regulation that would require children under the age
of two to be strapped into car seats in their own seats on airplanes. Currently, children under the age of two are
nonpaying passengers who ride on their parents‘ laps. What opportunities will airlines and parents have for input on
the proposed rule?
a. They can write their congressional representatives.
b. They can send in comment letters to the NTSB.
c. They can seek a presidential veto.
d. They can go to court to block the proposal.
88. The public comment period:
a. need not be 30 days if there a formal hearings.
b. need not be 30 days if the Regulatory Flexibility Act is followed.
c. need not be 30 days in the case of an emergency.
d. must always be 30 days.
89. Ralph Watkins is the president of Animal Crackers, Inc. Animal Crackers operates childrens’ clothing stores. Ralph
has just received notice of charges by the Federal Trade Commission (FTC) against Animal Crackers for deceptive
advertising. Watkins wishes to know the company’s rights. Which of the following statements is true?
a. Animal Crackers is entitled to a jury trial.
b. Animal Crackers could dispose of the matter through a consent decree.
c. Animal Crackers is facing criminal charges.
d. Animal Crackers will have a 30–day comment period.
90. Which of the following meetings would be subject to the open-meeting provisions of the federal sunshine laws?
a. a meeting of the staff attorneys of the SEC enforcement division
b. a meeting of the division heads of the Federal Trade Commission
c. a meeting of the nine justices of the U.S. Supreme Court
d. a meeting of three of the five commissioners of the Federal Aviation Administration
91. Which of the following is not an example of an enabling act?
a. Government in the Sunshine Act
b. Securities Exchange Act of 1934
c. Federal Trade Commission Act
d. Occupational Safety and Health Act
92. Which of the following is not part of the Administrative Procedures Act?
a. Freedom of Information Act
b. Privacy Act
c. Government in the Sunshine Act
d. Federal Register Act
93. Which of the following is not an exemption from FOIA requests?
a. investigation records
b. product safety tests
c. personnel files
d. bank reports
94. Which of the following is not an exemption for following the disclosure requirements under the Federal Privacy
Act?
a. medical records
b. FBI investigations
c. SEC stock-trading records
d. Congress
95. Notice of a proposed federal regulation in The Federal Register need not contain:
a. the name of the proposing agency.
b. the statutory authority for promulgating the rules.
c. the environmental impact of the proposal.
d. the language or the proposed rule or a summary.
96. The Regulatory Flexibility Act:
a. created the process of hybrid rule making.
b. requires publication of rule notices in trade magazines.
c. requires a six–month comment period in formal rule making.
d. allows regulators to promulgate rules without prior notice.
97. A court challenge to a promulgated rule based on the theory that the agency exceeded its authority is:
a. a substantial evidence challenge.
b. an arbitrary and capricious challenge.
c. an ultra vires challenge.
d. all of the above
98. Ex parte contacts are:
a. contacts with a member of a different political party during rule making.
b. contacts with an individual who has not made comments on a proposed rule.
c. unilateral contacts with an ALJ.
d. none of the above
99. Andrew Flint is the CEO of a small, publicly held company based in Idaho Falls, Idaho. Flint earned $76,000 last
year as CEO. Investors in Flint’s firm are earning nearly 15 percent on their shares. Flint has learned that the SEC
is considering a proposed rule mandating salary studies for all publicly held firms. Flint has priced such studies and
has estimates ranging from $27,000 to $40,000. Flint would like the SEC to understand his firm’s position. Which of
the following statements is true?
a. Flint will need to hire a lawyer to present evidence to the SEC.
b. Flint can challenge the rule only after promulgation.
c. Flint’s challenge must be made in court.
d. Flint can simply write to the SEC to voice his concerns.
100. Four of the five commissioners for the Federal Trade Commission were working late one evening in their
Washington, D.C. offices. The four were catching up on their electronic mail. The four soon discovered each
others‘ presence on electronic mail. One commissioner wrote to the other three, “Let’s get some business done so
long as we’re all here. We could resolve that unfair competition case that’s pending for next month. We can iron out
our differences via e-mail.” The electronic exchanges of the commissioners would:
a. be protected because they are internal agency actions.
b. violate the Government in the Sunshine Act open meeting laws.
c. be considered law enforcement issues and would be protected from open-meeting laws.
d. not be a meeting without some staff members present.
101. Which is not a role administrative agencies play?
a. rule making
b. enforcement
c. adjudication
d. Administrative agencies play all of the above roles.
102. Addison Winchell is the CEO of a printing firm located in Lexington, Kentucky. The state office of environment
quality has proposed a rule mandating the use of soy inks and recycled paper by all printers in the state. Winchell
says the expense will put him out of business. What can Winchell do?
a. Provide comments to the proposed rule.
b. Go directly to court with a constitutional challenge.
c. Present evidence if a trade group supports him.
d. All of the above.
103. Choose the answer with the proper order for administrative rulemaking.
a. study of the problem, notice of rulemaking, public comment period, promulgation
b. study of the problem, public comment period, notice of rulemaking, promulgation
c. notice of proposed rulemaking, study of the problem, public comment period, promulgation
d. notice of proposed rulemaking, public comment period, study of the problem, promulgation
e. notice of proposed rulemaking, consent decree, public comment period, study of the problem, promulgation
104. What is the difference between formal rulemaking and informal rulemaking?
a. Formal requires notice while the latter are simply immaterial changes to rules.
b. Formal requires a public comment period and informal rulemaking does not.
c. Formal requires public hearings and information does not.
d. Formal requires Government in the Sunshine Notices and informal does not.
e. none of the above
105. Choose the answer with the correct order for administrative agency enforcement proceedings.
a. charges, consent decree, hearing, appeal
b. charges, information gathering, consent decree, fines
c. charges, hearing, findings and decision, administrative agency decision, judicial appeal
d. charges, hearing, findings and decision, judicial appeal
e. charges, hearing, consent decree, judicial appeal