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Exam 40: Administrative Agencies

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Question 31

True/False

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Under a law addressing public concern over power exercised by federal agencies, the government must disclose certain records to any person on request.

A) True
B) False

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Question 32

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Notice-and-comment rulemaking involves a period during which

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)

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Question 33

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The purpose of negotiated settlements in disputes over administrative actions is to obtain funds to defray the agency's operating costs.

Omega Company operates a computer chip production plant. Paola is the president of Omega. Rico, 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. Paola believes that Rico is either exceeding his authority or that the regulation Rico 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?

Normally, a business firm complies with an agency request to inspect facilities because it is in the firm's interest to maintain good relations with the agency.

Notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule, commenting on it, and then issuing a rule.

Although executive agencies exist within the cabinet departments of the executive branch, they are not subject to the authority of the president.

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

The Federal Trade Commission Act granted the Federal Trade Commission the power to

If a business firm refuses to comply with an agency request to inspect facilities or business records, the agency may resort to the use of a subpoena.

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal

Congress can review new federal regulations only after they take effect.

A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is

Tia is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tia can be compelled to appear before an administrative law judge if she is served with

In the absence of a challenge, an agency action may be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law."

The Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review. The EPA can gain access to the records through

To be assured that a court will defer to an administrative agency's interpretation of the law, the agency must

An agency must conduct a regulatory flexibility analysis whenever a new regulation will significantly impact a substantial number of small businesses.

Administrative agencies can conduct searches without warrants in