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Exam 43: Administrative Agencies

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Question 21

True/False

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Federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation.

A) True
B) False

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Question 22

Multiple Choice

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Grid Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Grid Tools 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.

E) B) and C)
F) C) and D)

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Question 23

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There are no significant differences between a trial and an administrative hearing.

The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

Anyone can submit comments on a proposed administrative rule.

Persons who favor the creation of a federal biotech agency to regu?late the production of genetically modified agricultural and animal products should con?cen?trate their lobbying ef?forts on

Unlike statutes, administrative regulations do not have a binding effect.

Administrative agencies generally have no discretion over the type of hearing procedures that they use.

Guitar Maker, Inc., makes guitars. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of wood and its dust in the workplace, including the woods that Guitar Maker uses in its operations. Guitar Maker contends that the rule will involve sub?stantial compliance costs without significantly increasing workplace safety. The firm sends a letter to OSHA indicating its objections to the pro?posed rule and enclosing research reports and other data sup?porting those objections. Does OSHA have any obligation to consider these objec?tions? What procedures must OSHA follow when it makes new rules, such as this one?

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Warrants are required to conduct administrative searches in all highly regulated industries.

A party can be directly prosecuted for violating an administrative agency's interpretive rule or guidance document.

Closed meetings of the National Security Agency and other federal administrative agencies are permitted when

A failure of the U.S. Drug Enforcement Administration to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts

Personnel Employment, Inc., has been ordered to appear at a hearing be?fore an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations.