1. Administrative law is created by administrative agencies, not by
legislatures.
1. State regulation, when not preempted, may regulate independently the
activities that federal regulation does not cover.
1. By delegating some of its authority to make and implement laws,
Congress violates the U.S. Constitution.
1. Independent regulatory agencies include the cabinet departments of the
executive branch.
1. Interpretive rules simply declare policy and do not affect legal rights or
obligations.
1. A party seeking court review of an administrative action must first
exhaust all of his or her administrative remedies before seeking court
review.
1. There is a precise definition of what makes an administrative rule
arbitrary and capricious.
1. Unlike those who violate statutes, violators of agency rules are not
punished.
1. Final administrative rules do not have binding legal effect unless the
courts later declare them to be binding.
1. Only experts can submit comments on a proposed administrative rule.
1. If the meaning of a statute’s language is unclear and an agency
interprets it, a court must follow the interpretation as long as it is
reasonable.
1. An administrative agency can issue a guidance document to advise the
public on the agency’s legal and policy position.
1. Often, an administrative agency enforces it own rules.
1. If a business firm refuses to comply with an agency’s request to
inspect facilities or business records, the agency must defer to the
refusal.
1. Administrative agencies can conduct warrantless searches in some
situations.
1. Administrative agencies generally exercise substantial discretion over the
type of hearing procedures that they use.
1. An administrative adjudicatory hearing does not have to meet the
constitutional standards of due process.
1. All federal government agencies must make their records available
electronically on the Internet.
1. The public must be provided with adequate advance notice of
scheduled federal administrative agency meetings and agendas.
1. Federal agencies must consider ways to reduce the economic impact of
new regulations on small businesses.
1. 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
a. Congress, through enabling legislation.
b. the courts, through the adjudicatory process.
c. the U.S. Constitution, through the _ Amendment.
d. the U.S. Department of the Treasury, through a final order.
1. Persons who favor the creation of a federal biotech agency to regulate
the production of genetically altered agricultural products should concen-
trate their lobbying efforts on
a. Congress.
b. federal administrative agencies that oversee agricultural products.
c. the United States Supreme Court.
d. the president of the United States.
1. The Office of Postsecondary Education, like other federal administrative
agencies, is part of the government’s
a. administrative branch.
b. executive branch.
c. judicial branch.
d. legislative branch.
1. Congress leaves it to the Bureau of Prisons to oversee the
promulgation of detailed regulations in areas under the agency’s juris–
diction. This is
a. divine right.
b. the delegation of legislative powers.
c. the gap-filling power.
d. unconstitutional conduct.
1. Plastix Produx Company is subject to a decision by the Consumer
Product Safety Commission. Opposed to the decision, Plastix Produx
wants a court to review it. First, however, the firm must use all of the
potential administrative remedies. This is
a. an actual controversy at issue.
b. standing to sue.
c. the exhaustion doctrine.
d. the ripeness doctrine.
1. 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
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.
1. The Federal Highway Administration uses notice–and–comment
rulemaking. This process begins with
a. a request to Congress to enact enabling legislation.
b. the filing of a complaint against a charged party.
c. the publication of a notice of proposed rulemaking.
d. the solicitation of public comments.
1. The U.S. Department of Homeland Security issues a rule. Like the
rules of other federal administrative agencies, this rule is compiled in
a. the Administrative Register of the Federal Government.
b. the Code of Federal Regulations.
c. the Federal Rules of Civil Procedure.
d. the United States Code.
1. In reviewing the actions of the U.S. Office of Nuclear Energy and other
agencies, the courts
a. are usually reluctant to review questions of fact.
b. rarely defer to the technical expertise of administrative agencies.
c. often rule on the merits of policy determinations.
d. never defer to an agency’s interpretation of law.
1. The Equal Employment Opportunity Commission (EEOC) orders First
Financial Company to reveal certain information. First Financial
complains to a court, arguing that the order is an abuse of the EEOC’s
discretion. Like other agencies, the EEOC can use a subpoena to
a. obtain any information, without limits.
b. obtain assurances that the law is not being violated.
c. obtain documents, but not to compel a party to testify.
d. pressure a party to settle an unrelated matter.
1. 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
a. agency coercion.
b. infiltrating Verity’s computers without the firm’s knowledge.
c. public comment.
d. Verity’s consent.
1. Caleb is a witness in a controversy involving the U.S. Drug
Enforcement Administration. Caleb can be compelled to appear before
an administrative law judge if he is served with
a. an order for specific performance.
b. a rule for parol evidence.
c. a subpoena.
d. a politely worded request.
1. 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
a. a federal appellate court judge.
b. a federal district court judge.
c. an administrative law judge.
d. a U.S Marshal.
1. The U.S. Mine Safety Administration conducts searches of certain
businesses. This agency and other administrative agencies can conduct
warrantless searches in
a. all industries.
b. highly regulated industries.
c. no industries.
d. newly regulated industries only.
1. The Federal Emergency Management Agency (FEMA) discovers that
Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation
is resolved like most such disputes, the outcome will be
a. a negotiated settlement.
b. a trial and a fine.
c. a trial and an appeal to a higher authority.
d. a trial and the dissolution of the business.
1. The functions of the Social Security Administration, like those of other
administrative agencies, include
a. adjudication.
c. declaration.
b. enunciation.
d. pronunciation.
1. 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
a. attorneys are not allowed to attend administrative hearings.
b. clients are not allowed to communicate with their attorneys during
administrative 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.
1. Jay seeks information about Kim and other well-known businesspersons
under the Freedom of Information Act. To obtain the information, Jay
must
a. agree not to reveal any trade secrets.
b. describe the information.
c. get a court order.
d. have Kim’s and the others’ permission.
1. A failure of the Federal Bureau of Investigation to comply with a
request under the Freedom of Information Act (FOIA) may be
challenged in
a. a federal district court.
b. a hearing before the U.S. Freedom of Information Agency.
c. a meeting with Congress’s FOIA subcommittee.
d. a special conference with the president of the United States.
1. Closed meetings of the Office of Community Planning and Development
and other federal administrative agencies are permitted when
a. the subject of the meeting concerns accusing a person of a
crime.
b. open meetings would frustrate the implementation of future
actions.
c. the subject of the meeting involves matters relating to future liti–
gation or rulemaking.
d. all of the choices.
1. Power-Plus Battery Company (PPBC) makes batteries for motor
vehicles. The Occupational Safety and Health Administration (OSHA)
proposes a safety rule governing the handling of acids in the
workplace, including chemicals PPBC uses in its operations. PPBC
concludes that the rule will involve substantial compliance costs without
significantly increasing workplace safety. PPBC sends a letter to OSHA
indicating its objections to the proposed rule and enclosing research
reports and other data supporting those objections. Does OSHA have
any obligation to consider these objections? What procedures must
OSHA follow when it makes new rules, such as this one?
1. Omega Company operates a computer chip production plant. Paula is
the president of Omega. Ron, a representative of the Occupational
Safety and Health Administration, inspects the plant and, citing a
certain regulation, orders Omega to take specified steps immediately to
improve sanitation at the plant. Paula believes that Ron is either
exceeding his authority or that the regulation Ron claims to be
enforcing is excessive. Can Omega ask a court for an order to stop
enforcement of the regulation? If not, what can Omega do?
