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PAD4200 Final

True/False
Indicate whether the sentence or statement is true or false.
 

1. 

An administrative agency is a governmental body charged with administering and implementing legislation.
 

2. 

Administrative agencies may make the rules, police the community to see the rules are obeyed, and sit in judgment to determine violations of their rules.
 

3. 

The Federal Trade Commission's judicial function is assigned to administrative law judges.
 

4. 

The modern administrative agency typically possesses legislative, executive, and judicial powers.
 

5. 

The Sunshine Act requires that most meetings of federal agencies are open to the public.
 

6. 

Administrative agencies must be rigidly controlled and cannot be granted discretionary authority.
 

7. 

Until proven valid, a rule adopted by an administrative agency is invalid.
 

8. 

In an emergency, an administrative agency can act beyond the scope of the statute that created it.
 

9. 

The Freedom of Information Act provides access to any information upon proper request.
 

10. 

The Administrative Procedure Act (APA) requires each federal agency to publish a statement of the rules, principles, and procedures followed by that agency.
 

11. 

The APA requires that each federal agency publish a statement of the rules, principles, and procedures followed by the agency.
 

12. 

Modern administrators cannot make laws, but they can argue persuasively before Congress for the passage of needed legislation.
 

13. 

Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.
 

14. 

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.
 

15. 

Regulations properly adopted by agencies are important but do not have the full force of law as do statutes.
 

16. 

The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.
 

17. 

The modern administrative agency has executive power to investigate and to require persons to appear and produce relevant papers.
 

18. 

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.
 

19. 

The U.S. Constitution imposes significant limits on the power of any agency to conduct an investigation.
 

20. 

An administrative agency is barred from examining the records of a business enterprise by the Constitutional guarantee against unreasonable search and
seizure.
 

21. 

Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited
jurisdiction.
 

22. 

An administrative agency cannot hold a hearing without a jury.
 

23. 

An administrative agency, unlike a court, may be authorized to make an initial determination without holding a hearing.
 

24. 

Administrative agencies generally are not subject to the rules of evidence.
 

25. 

When a hearing is requested after an agency has acted, the burden of proof shifts to the party who objected to the agency's conclusion.
 

26. 

Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted.
 

27. 

Only a person who has a legally recognized right or interest that has been harmed by an administrative action has the right to appeal.
 

28. 

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.
 

29. 

As a result of modern technological advances, a court on appeal will accept an agency's reasonable interpretation of a statute which relates to a technical matter.
 

30. 

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.
 

Multiple Choice
Identify the letter of the choice that best completes the statement or answers the question.
 

31. 

The most recent addition to the American governmental structure is the:
a.
executive branch.
b.
administrative agency.
c.
judicial branch.
d.
legislative branch.
 

32. 

An administrative agency can be created to perform:
a.
only one of the three functions of government (executive, legislative, judicial).
b.
any two of the three functions.
c.
all three of the functions.
d.
none of the three functions of government.
 

33. 

To meet the objection that the exercise of executive, legislative, and judicial powers by the same agency is a potential threat to impartiality:
a.
administrative agencies have been disbanded.
b.
administrative agencies no longer can enforce their own regulations.
c.
courts regularly review and overturn administrative regulations and policies.
d.
administrative functions sometimes have been decentralized.
 

34. 

Generally, which power(s) does (do) an administrative agency possess?
a.
all powers necessary to effectively perform the duties entrusted to it
b.
legislative only
c.
judicial only
d.
executive only
 

35. 

The Freedom of Information Act:
a.
is to be strictly construed to prevent unauthorized disclosures.
b.
has too many exemptions to be of any use.
c.
is intended to subject agency action to public scrutiny.
d.
puts the burden of proof upon the person requesting the information.
 

36. 

Meetings are to be open to the public under the guidelines of the Sunshine Act of 1976. Meetings include:
a.
those of federal administrative agencies.
b.
those of state administrative agencies.
c.
those actions that are deemed "meetings" by the agency.
d.
both a and b.
 

37. 

In reviewing agency action, courts generally apply the:
a.
beyond a reasonable doubt standard.
b.
preponderance of the evidence standard.
c.
arbitrary or capricious standard.
d.
rational relationship standard.
 

38. 

An administrative regulation:
a.
is a guideline that may be voluntarily followed.
b.
has the force of law.
c.
is a suggestion of what will protect the environment.
d.
is a standard used to govern industry.
 

39. 

The term "exhaust administrative remedies" means that:
a.
parties to an agency action must be diligent in pursuing their case.
b.
parties to an administrative action must take their appeal to a court of law.
c.
parties to an administrative action can appeal only after the agency has made a final decision.
d.
administrative agencies tend to work very hard.
 

40. 

Concerning rules of fair practice agreed to at a trade conference and approved by the FTC:
a.
only those "accepted as expressions of the trade" will be enforced.
b.
those "accepted as expressions of the trade" and those "affirmatively approved" will be enforced.
c.
only those "affirmatively approved" will be enforced.
d.
those "affirmatively approved" then must be confirmed by Congress to be enforced.
 

41. 

A regulation adopted by a federal administrative agency is binding only if:
a.
it has been printed in the Federal Register.
b.
the persons affected have received copies of it.
c.
the persons affected have notified the agency of their approval of the regulation.
d.
publicity has been given to it by the news media.
 

42. 

A civil investigative demand can be issued:
a.
to any person considered to have relevant knowledge.
b.
to obtain documents.
c.
to demand an appearance to answer questions.
d.
to all of the above.
 

43. 

Concerning administrative investigations:
a.
agencies are severely limited by the Constitution.
b.
a search warrant always is required to search premises.
c.
papers and records generally may be subpoenaed by the agency.
d.
a person does not have protection against unreasonable searches and seizures.
 

44. 

The Constitution places the most significant limitations on administrative investigation in the area of:
a.
search and seizure of the person.
b.
aerial inspection.
c.
search and seizure of papers and records.
d.
guarantee against self-incrimination.
 

45. 

A subpoena to testify or to produce records:
a.
is prohibited by Constitutional guarantees against search and seizure.
b.
is an illegal attempt to gain information by compulsion.
c.
cannot be opposed on the grounds that it is search and seizure.
d.
must be approved by corporate officers to be effective.
 

46. 

An administrative agency:
a.
is not empowered to act as a court with regard to its own regulations.
b.
acts as a specialized court of limited jurisdiction.
c.
can hear complaints only in the presence of a jury.
d.
cannot impose penalties for violation of its regulations.
 

47. 

Which statement is true concerning administrative hearings?
a.
An existing business has the right to challenge the granting of a license to a potential competitor.
b.
Denial of a jury trial is a denial of due process.
c.
It generally is necessary to give notice and to allow affected persons to be present.
d.
Traditional courtroom rules of evidence must be applied.
 

48. 

Which of the following is beyond the enforcement power of an agency?
a.
requiring proof of compliance with agency regulations
b.
issuing a cease-and-desist order
c.
convicting of criminal violations
d.
imposing civil penalties
 

49. 

Due process requires that a hearing generally be held before an agency may make a judicial decision:
a.
in all actions.
b.
when the action affects the community generally.
c.
when the action concerns a class of persons.
d.
when the action concerns only the persons directly affected.
 

50. 

A significant difference between an agency's hearing and a court hearing is that:
a.
binding decisions can be made only by agencies.
b.
an agency affords no right to a jury trial.
c.
court hearings allow no public intervention.
d.
courts can enforce their decisions.
 

51. 

The Federal Trade Commission may direct violators of agency regulations to comply with and furnish verification of compliance with:
a.
the U.S. Constitution.
b.
a cease-and-desist order issued by the commission.
c.
an executive decree issued by the President.
d.
a search-and-seizure request.
 

52. 

Which of the following is true about judicial review of agency action?
a.
Judges tend to substitute their own judgment for that of the agency.
b.
Agency interpretation and application of the law are subject to "de novo" review.
c.
Agency action must be supported by substantial evidence.
d.
All of the above.
 

53. 

Under modern law, when the issue that an agency decides is a question of law based on a technical statute:
a.
the court on appeal will reverse the agency if the court disagrees with the decision.
b.
the court will not accept the agency's decision unless the agency's interpretation is the only one that could have been made.
c.
the court will tend to accept the agency's interpretation of the law as long as it is reasonable.
d.
the court will not reverse the agency's decision.
 

54. 

The "arbitrary and capricious" standard in administrative law is defined as:
a.
willful and unreasoning action.
b.
unfair and unbelievable action.
c.
beyond a reasonable doubt.
d.
both a and b.
 

55. 

If an agency causes a substantial loss to a business by enforcement of its laws, that business:
a.
always may hold the agency liable for damages.
b.
never can hold the agency liable for damages.
c.
may seek damages if the agency acted in bad faith.
d.
may seek damages if the agency complied with its own guidelines.
 

Case
 

56. 

The Federal Trade Commission suspects Billy Williams of unlawful trade activities and has obtained evidence, claimed to be proof of unlawful activity, by way of aerial photography. The FTC is also currently seeking the submission of various documents, within Williams' place of business, for additional evidence. Williams refuses to submit to the demands to produce the documents and claims that this demand and the aerial photos are direct violations of his constitutional rights. Williams also demands a jury trial to clear him of charges levied. Comment on Williams' claims.
 

57. 

Arthur sustained an injury to his back. Arthur claimed the injury was suffered at work and filed a claim for Workers' Compensation benefits. The employer opposed this claim saying the injury, if real, was the result of a congenital condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Arthur. Arthur became disgusted with the hearing officer and the proceedings because Arthur felt that the hearing officer did not like him. Arthur has consulted an attorney seeking to sue for Workers' Compensation benefits. An appeal is available within the agency, but Arthur wants to go directly to court because he feels that the agency appeal would be useless. Discuss the merits of this strategy.
 

58. 

Wilma was an employee of the Electric Storage Battery Company. She was fired. She
claimed that she was fired because she was a member of a labor union. The employer asserted that she was fired because she was a poor worker. Wilma filed an unfair labor practice complaint with the National Labor Relations Board. Its examiner held a hearing at which evidence was presented showing that Wilma was a poor worker. Other evidence presented showed that the employer was opposed to labor unions. The Board decided to believe Wilma's witnesses and concluded that she had been fired because she belonged to the union. Can the employer appeal from this decision?
 



 
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