Under the exhaustion doctrine, a party must feel “exhausted” about an administrative action or regulation to challenge it in court. AICPA: BB-Legal
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.
An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a “small number of substantial entities.”
I ndependent regulatory agencies such as the Federal Trade Commission are a. not part of the government’s executive branch. b. outside the major departments of the government’s executive branch. c. subagencies of executive agencies. d. subject to more executive authority than executive agencies.
b. outside the major departments of the government’s executive branch.
Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency’s jurisdiction. This is a. divine right. b. the delegation of legislative powers. c. gap-filling power. d. unconstitutional conduct
Nemo’s 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 tax and spend clause. d. the U.S. Department of the Treasury, through a legislative rule.
Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision a. changed the agency’s prior policy without justification. b. followed a consideration of all relevant factors. c. was accompanied by a rational explanation. d. was plainly warranted by the evidence.
a. changed the agency’s prior policy without justification
The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemaking. This 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.
d. a subpoena
T he 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.
d. Verity’s consent.
c. a subpoena
Guard Personnel Company (GPC) is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administrative law judge orders GPC to comply with the TSA’s regulations. GPC may a. appeal to the commission that governs the TSA. b. appeal to Congress, which created the TSA. c. appeal to a different, separate agency. d. ignore the order.
After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM’s interpretation of a. the facts and the law. b. the agency’s authority. c. procedural requirements. d. the Constitution.
a. the facts and the law
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.
c. hazardous waste management
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