question
A quasi-legislative agency
answer
It can issue rules that have the impact of laws.
question
A quasi-judicial agency
answer
It can make decisions like a court.
question
Why were the administrative agencies created?
answer
To protect the public, especially from the business community
To impart specificity
To provide expertise
To impart specificity
To provide expertise
question
To execute their rule-making function, U.S. administrative agencies issue guidelines that _____.
answer
help businesses determine if certain practices may or may not be viewed as legal
question
True or false: Violations of a cease and desist order are not punishable by fines.
answer
False
question
In the context of the settlement of a lawsuit, identify the true statements about a consent order.
answer
There is no admission that the accused has been guilty of a violation of the law.
There is an agreement not to engage in the activities that were the subject of the complaint.
There is an agreement not to engage in the activities that were the subject of the complaint.
question
The commissions, bureaus, organizations, and boards that make up the governmental bureaucracy are known as _______ _______.
answer
administrative agencies
question
Identify a true statement about the advisory opinions of an administrative agency.
answer
They give a business an indication of the view the agency would take if the practice in question is formally challenged.
question
True or false: The mere existence of most government programs automatically restricts the creation of new administrative agencies or limits the functions of the existing agencies.
answer
False
question
The investigative power of an administrative agency includes _____.
answer
determining whether there has been a violation of any law
question
Identify a rule-making function of U.S. administrative agencies.
answer
Issuing guidelines to supplement rules
question
Identify a true statement about a U.S. administrative agency.
answer
Appointments at the federal level require Senate confirmation.
question
A type of administrative agency action that requires a violator to stop an objectionable activity and refrain from any further similar violations is known as a(n) _______ _______ _______ order.
answer
cease and desist
question
Identify the characteristics of the chairperson of a U.S. administrative agency.
answer
He or she usually belongs to the same political party as the president.
He or she is somewhat more important than the other agency members because of visibility.
He or she is somewhat more important than the other agency members because of visibility.
question
The issuance of a(n) _______ _______ requires that an organization or individual accused of a violation admit to the jurisdiction of the adjudicating agency and waive all rights to seek a judicial review.
answer
consent order
question
The secretary of a U.S. administrative agency is an individual who is _____.
answer
responsible for the minutes of agency meetings
question
Identify the examples that illustrate the advisory functions of an administrative agency.
answer
The agency proposes new legislation to Congress.
The agency reports information to the general public that should be known in the public interest.
The agency reports information to the general public that should be known in the public interest.
question
Owing to the investigative power of administrative agencies, they can _____.
answer
gather information concerning the business practices of any corporation engaged in commerce
question
The general counsel of a U.S. administrative agency is an individual who is _____.
answer
the chief law officer and legal adviser of the agency
question
What are the reasons for which an appointee at the federal level in administrative agencies may be removed from office by the president?
answer
Neglect of duty
Inefficiency
Inefficiency
question
Identify a responsibility of the chairperson of a U.S. administrative agency.
answer
To appoint staff
question
A feature of the advisory councils of a U.S. administrative agency is that _____.
answer
they are interested in the agency's mission
question
Who is responsible for the publication of all actions of a U.S. administrative agency in the Federal Register?
answer
The secretary
question
The role of the executive director for administration of a U.S. administrative agency is to _____.
answer
supervise usual administrative functions such as accounting, budgeting, and personnel
question
The role of the regional offices of U.S. administrative agencies is to _____.
answer
investigate alleged violations of the law
question
The general counsel of a U.S. administrative agency is _____.
answer
often as powerful as a commissioner or board member
question
True or false: Administrative agencies, boards, or commissions usually consist of five to seven members, one of whom is appointed as chair.
answer
True
question
Identify the functions of administrative law judges of a U.S. administrative agency.
answer
They hear cases of alleged law violations.
They use prior decisions or precedent.
They apply the law to the facts.
They use prior decisions or precedent.
They apply the law to the facts.
question
Persons who serve as the advisory councils of a U.S. administrative agency are _____.
answer
usually selected because of their expertise
question
True or false: The best means of influencing a quasi-legislative decision of an administrative agency is to keep away from the adoption process.
answer
False
question
In a U.S. administrative agency, the executive director for administration is the _____.
answer
chief operating official of the agency
question
In the context of government control over administrative processes, a feature of the executive branch of government is that _____.
answer
it makes budget recommendations to the legislature
question
The regional offices of a U.S. administrative agency usually have a(n) _____ function.
answer
educational
question
In the context of the control that the legislature exercises over the administrative process, which of the following is true of the legislature?
answer
It can limit appropriations of funds to an administrative agency.
question
Identify the responsibilities of the general counsel of a U.S. administrative agency.
answer
He or she represents the administrative agency in court.
He or she often makes the decision to file suit or pursue other remedies.
He or she often makes the decision to file suit or pursue other remedies.
question
In the context of standing to sue, the Federal Administrative Procedure Act provides for judicial review except where _____.
answer
an agency action is committed to agency discretion by law
question
In the context of the functions of the quasi-judicial staff of a U.S. administrative agency, the role of an administrative law judge is to _____.
answer
perform the adjudicative fact-finding function
question
The delegation of quasi-legislative authority to administrative agencies must be definite, which means that _____.
answer
the delegation must be set forth with sufficient clarity
question
In the context of factors influencing administrative agency decisions, due process of law requires that _____.
answer
interested parties be given notice of the proposed rule before it may be adopted by an agency
question
True or false: The general language used in delegating quasi-legislative authority usually involves grants of substantial discretion to an agency.
answer
True
question
In the context of government control over an administrative process, the role of the executive branch of government is to _____.
answer
appoint the top officials of an agency with the advice and consent of the legislative branch
question
Identify the true statements about ways in which the legislature can control the administrative process.
answer
It can control and review administrative activity by abolishing an administrative agency.
It can provide additional procedural requirements for an administrative agency's adjudications.
It can enact specific legislation contrary to rules adopted by an administrative agency.
It can provide additional procedural requirements for an administrative agency's adjudications.
It can enact specific legislation contrary to rules adopted by an administrative agency.
question
A feature of U.S. administrative agencies is that they _____.
answer
develop their own rules of procedure unless mandated otherwise by an act of the legislature
question
Standing to sue must be proved if:
answer
a party seeks the judicial review of any administrative agency's decision.
question
In the context of the delegation of quasi-legislative authority to administrative agencies, arbitrary administrative action and administrative abuse of discretionary power are controlled by _____.
answer
the existence of procedural safeguards
question
Identify the true statements about the quasi-legislative authority delegated to administrative agencies.
answer
The use of broad standards ensures that the authority delegated to an agency has limitations.
The delegation of substantial discretion is given to the agency and not to the judiciary.
The delegation of substantial discretion is given to the agency and not to the judiciary.
question
True or false: The doctrine of exhaustion of remedies permits the premature interruption of the administrative process and leads to unusual expenses.
answer
False
question
One of the functions of the administrative process is to decide issues expeditiously. To proceed expeditiously usually means that administrative agencies _____.
answer
are free from the strict rules of evidence used by courts
question
Exhaustion of remedies
answer
It is applicable when a claim must go in the first instance to an administrative agency alone.
question
Primary jurisdiction
answer
It is applicable when a claim is originally filed in the courts.
question
A feature of the doctrine of primary jurisdiction is that _____.
answer
...
question
What does a court do when it reviews the findings of fact made by an administrative body?
answer
It presumes them to be correct.
question
Identify the true statements about regulation.
answer
It tends to protect cozy competition.
It is a form of taxation.
It adds to the cost of doing business.
It is a form of taxation.
It adds to the cost of doing business.
question
In the context of the judicial review of agency adjudications, the doctrine of exhaustion of remedies is a court-created rule that _____.
answer
limits when courts can review administrative decisions
question
A doctrine similar to exhaustion of remedies is known as:
answer
primary jurisdiction
question
Identify the attributes of the doctrine of primary jurisdiction.
answer
It is invoked when referral to an agency is preferable because of its expertise in dealing with the matter in controversy.
It is applicable when enforcement of a claim requires the resolution of issues that have been placed before an administrative body.
It is applicable when enforcement of a claim requires the resolution of issues that have been placed before an administrative body.
question
When reviewing the findings of fact made by an administrative agency, a court upholds the agency's findings and conclusions if they are supported by substantial evidence in the record. Here, substantial evidence refers to _____.
answer
material evidence from which a reasonable person might reach the same conclusion as did the agency
question
The direct cost
answer
It is paid in the form of taxes.
question
The indirect cost
answer
It is paid while purchasing services and products.
question
A feature of the doctrine of primary jurisdiction is that _____.
answer
it ensures uniformity and consistency in dealing with matters entrusted to an administrative body
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
