The Code of Federal Regulations contains all the regulations of federal agencies.
All administrative agencies:
A)are at the federal level.
B)promulgate regulations.
C)are created by the U.S. president.
D)are under sunset laws.
Enabling acts:
A)are regulations of administrative agencies.
B)are nonlegislative provisions.
C)establish administrative agencies and their authority.
D)must contain sunset provisions.
The Administrative Procedures Act includes:
A)the Freedom of Information Act.
B)the Federal Register Act.
C)zero-base budgeting.
D)enabling legislation.
An FOIA request:
A)is a request made by a citizen for agency information.
B)is an intergovernmental agency request for information about citizens.
C)can request any information in an agency's file.
D)may not require the payment of copy fees.
A) is a request made by a citizen for agency information
A reverse FOIA suit is:
A)one brought by an administrative agency.
B)a suit to stop disclosure of information.
C)not available at the federal level.
D)a suit brought by an agency against another agency.
The Federal Privacy Act:
A)prohibits release of information (by public agencies) on individuals.
B)does not apply to all agencies.
C)provides a disclosure exemption for law enforcement purposes.
D)does not cover medical records.
The Government in the Sunshine Act:
A)is often called an open-meeting law.
B)applies to federal agencies whose heads are appointed by Congress.
C)requires all agency meetings to be public.
D)applies to congressional committee meetings.
Administrative agencies at the federal and state levels:
A)only make the rules.
B)enforce rules.
C)cannot interpret rules or adjudicate disputes.
D)protect private rather than public interest.
A consent decree is:
A)comparable to a not guilty plea.
B)comparable to a nolo contendere plea.
C)a guilty plea to agency charges.
D)not made public.
B)comparable to a nolo contendere plea.
The Federal Privacy Act:
A)is the same as the Regulatory Flexibility Act.
B)does not apply to medical and employment histories.
C)is part of the Administrative Procedures Act.
D)applies to all law enforcement information exchanges.
The Federal Register Act is:
A)not part of the Administrative Procedures Act.
B)an act that provides for publication of the United States Code.
C)the same as the Regulatory Flexibility Act.
D)the act that covers the registration of meetings.
The public comment period:
A)need not be 30 days if there a formal hearings.
B)need not be 30 days if the Regulatory Flexibility Act is followed.
C)need not be 30 days in the case of an emergency.
D)must always be 30 days.
Which of the following meetings would be subject to the open-meeting provisions of the federal Sunshine laws?
A)a meeting of the staff attorneys of the SEC enforcement division
B)a meeting of the division heads of the Federal Trade Commission
C)a meeting of the nine justices of the U.S. Supreme Court
D)a meeting of three of the five commissioners of the Federal Aviation Administration
Which of the following is not an example of an enabling act?
A)Government in the Sunshine Act
B)Securities Exchange Act of 1934
C)Federal Trade Commission Act
D)Occupational Safety and Health Act
Which of the following is not an exemption from FOIA requests?
A)investigation records
B)product safety tests
C)personnel files
D)bank reports
Which of the following is not an exemption for following the disclosure requirements under the Federal Privacy Act?
A)medical records
B)FBI investigations
C)SEC stock-trading records
D)Congress
Ex parte contacts are:
A)contacts with a member of a different political party during rule making.
B)contacts with an individual who has not made comments on a proposed rule.
C)contacts between one of the parties in a dispute and an administrative law judge.
D)contacts with members of the public and news agencies.
Four of the five commissioners for the Federal Trade Commission were working late one evening in their Washington, D.C. offices. The four were catching up on their e-mail. The four soon discovered each others' presence on e-mail. One commissioner wrote to the other three, "Let's get some business done so long as we're all here. We could resolve that unfair competition case that's pending for next month. We can iron out our differences via e-mail." The electronic exchanges of the commissioners would:
A)be protected because they are internal agency actions.
B)violate the Government in the Sunshine Act open meeting laws.
C)be considered law enforcement issues and would be protected from open-meeting laws.
D)not be a meeting without some staff members present.
What is the difference between formal rulemaking and informal rulemaking?
A)Formal requires notice while the latter is simply immaterial changes to rules.
B)Formal requires a public comment period and informal rulemaking does not.
C)Formal requires public hearings and informal does not.
D)Formal requires Government in the Sunshine notices and informal does not.
What is the effect of a consent decree?
A)The agency's charges are dismissed with no sanctions.
B)The party makes no admissions as to conduct.
C)There is still judicial appeal from a consent decree.
D)It is no longer available under the Regulatory Flexibility Act.
Which of the following acts requires agencies to publish a notice in the publications of those trades and industries that will be affected by the rule?
A)Regulatory Flexibility Act
B)Freedom of Information Act
C)Administrative Procedures Act
D)Government in the Sunshine Act
Zero-base budgeting:
A)means Congress has "sunseted" an agency.
B)means that an agency does not automatically receive its previous year's base budget.
C)is unconstitutional.
D)means that an agency gets no budget for the following year.
Which of the following has the correct ordering of the stages in formal rulemaking?
A)enabling statute, comment period, studies of issues, promulgation
B)enabling statute, studies of issues, promulgation, comment period
C)enabling statute, studies of issues, comment period, promulgation
D)enabling statute, promulgation, comment period, studies of issues
If a company challenges a penalty imposed by an administrative agency, which of the following is the correct order for its appeal?
A)decision issued by administrative law judge (ALJ), agency commissioners, judicial challenge
B)judicial challenge, decision issued by administrative law judge (ALJ), agency commissioners
C)agency commissioners, decision issued by administrative law judge (ALJ), judicial challenge
D)decision issued by administrative law judge (ALJ), judicial challenge, agency commissioners
Congress passed the Nursing Mothers Law in 2010, a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies. On January 3, 2011, the Department of Labor published proposed rules in the Federal Register.
Where else would the proposed regulations need to be published?
A)The only requirement is that the regulations be published in the Federal Register.
B)They must be published in any trade magazine of affected industries.
C)They must be published in the Congressional Record.
D)They must be published first in the Code of Federal Regulations.
The U.S. Lacey Act prohibits U.S. businesses from importing products from other countries when those products are illegal in that country. For example, when it was originally passed, U.S. hat manufacturers were importing feathers from countries where the harvesting of those resources was illegal. Based on an investigation, the U.S. federal government believed that Gibson Guitar has imported ebony wood from Madagascar, and the harvesting of ebony wood is prohibited in Madagascar. The U.S. Fish & Wildlife Service arrived at Gibson Guitar headquarters and requested access to all of its records.
What remedy would the U.S. Fish & Wildlife Service not have available for violations of the Lacey Act?
A)Injunctions
B)Fines
C)Penalties
D)Closure of the business
The Department of Labor promulgated a rule raising the wage threshold for employees to qualify for overtime pay. The threshold wage before was $23,600 ($455 per week and established in 2004). At that level and below, the employee qualifies for overtime hours when the employee works over 40 hours per week. The newly promulgated level increases the wage to $47,476 (that is $913 per week). There were thousands of comments on the proposed changes during the public comment period. The Fair Labor Standards Act does not permit indexing of any wage numbers unless there is specific, new legislation passed to allow it. There is no legislation authorizing the increase. How can a business challenge the increase in the overtime hours level?
A)By challenging the change as an ultra vires act.
B)By alleging due process violations.
C)There is no way to challenge agency action once the rule has taken effect.
D)By going to federal district court.
A)By challenging the change as an ultra vires act.
The judge in an administrative hearing in some state-level agencies is called a(n):
A)administrative judge.
B)sanctions officer.
C)hearing examiner.
D)administrative arbitrator.
An appeal against an administrative law judge's (ALJ's) decision made directly to court will:
A)always be rejected.
B)be accepted if exhaustion of administrative remedies would be futile.
C)be invalid if administrative remedies are exhausted.
D)be accepted only if it is made by an employer.
Which of the following is true about regulations?
A)The United States has the most administrative agencies and regulations.
B)The amount of regulations provides an advantage to businesses in the international market.
C)Regulations can be promulgated only if they have been approved by international agencies.
D)Regulations cannot be changed after they are promulgated.
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