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Exam 4: Administrative Law

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Question 21

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Which of the following statements is incorrect regarding executive agencies at the federal level?

A) The administrative head of an executive agency is appointed by the president with the advice and consent of the United States House of Representatives.
B) Executive agency heads may be discharged by the president at any time,for any reason.
C) Executive agencies are usually under one of the cabinet-level departments.
D) Executive agencies are generally located within the executive branch.
E) Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.

F) D) and E)
G) B) and E)

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Question 22

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Independent agencies have a tendency to focus more on social regulation,whereas executive agencies are more often focused on economic regulation.

A) True
B) False

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Question 23

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The first step in formal rule making is publication in the Federal Register of a notice of proposed rule making by the agency.

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

Executive agencies tend to focus on ________ regulation,whereas independent agencies are more often focused on ________ regulation.

What usually happens to decisions of administrative law judges that are appealed to the federal court system?

The Government in Sunshine Act requires agency business meetings to be open to the public even if the agency is headed by a non-collegiate body,and the open-meeting requirement applies even when a quorum is not present.

According to the United Nations and as discussed in the textbook,which of the following is true regarding e-government,meaning the delivery of government services through digital information technologies including the Internet?

The United States Senate must approve presidential nominees for them to become the administrative head of agencies.

There is a right to a jury trial in administrative agency disputes.

List and describe the steps involved in hybrid rule making.

The Environmental Protection Agency (EPA)is an example of a hybrid administrative agency.

What type of law is created by administrative agencies involving applications,licenses,permits,available information,hearings,appeals,and decision-making?

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1) "the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2) "the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.What should Polly do next assuming her state's administrative scheme is the same as the federal scheme?

To which of the following does the Freedom of Information Act (FOIA) not apply?

Administrative agencies are created by the judicial branch to carry out specific duties.

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is the correct term for legislation passed by Congress specifying the name,functions,and specific powers of the Animal Protection Commission?

Independent administrative agencies,often called commissions,tend to have responsibility for making rules covering a broad spectrum of industries and activities.

Administrative law consists of both substantive and ________ rules.

Under which of the following does each concerned interest group and the agency send representatives to bargaining sessions led by a mediator with any agreement forwarded to the agency?