question
Why were the administrative agencies created?
answer
- To impart specificity
- To provide expertise
- To protect the public, especially from the business community
- To provide expertise
- To protect the public, especially from the business community
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
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 commissions, bureaus, organizations, and boards that make up the governmental bureaucracy are known as
answer
administrative agencies
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
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
U.S. administrative agencies exercise their quasi-legislative power by _____.
answer
issuing rules and regulations that have the force and effect of law
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
True or false: Violations of a cease and desist order are not punishable by fines.
answer
False
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
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
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
The investigative power of an administrative agency includes _____.
answer
determining whether there has been a violation of any law
question
Who is responsible for the publication of all actions of a U.S. administrative agency in the Federal Register?
answer
The secretary
question
Identify a responsibility of the chairperson of a U.S. administrative agency.
answer
To appoint staff
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
Persons who serve as the advisory councils of a U.S. administrative agency are _____.
answer
usually selected because of their expertise
question
In a U.S. administrative agency, the executive director for administration is the _____.
answer
chief operating official of the agency
question
The presiding officer at the meetings of a U.S. administrative agency is the _____.
answer
chairperson
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 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
The regional offices of a U.S. administrative agency usually have a(n) _____ function.
answer
educational
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
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
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 role of the regional offices of U.S. administrative agencies is to _____.
answer
investigate alleged violations of the law
question
What are the responsibilities of the secretary of a U.S. administrative agency?
answer
He or she coordinates the activities of the agency with others involved in the regulatory process.
He or she usually signs orders and official correspondence.
He or she acts as the legal custodian of the agency's records.
He or she usually signs orders and official correspondence.
He or she acts as the legal custodian of the agency's records.
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
Identify a true statement about the factors that influence the decisions of administrative agencies.
answer
Interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule at public hearings.
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
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
Standing to sue must be proved if:
answer
a party seeks the judicial review of any administrative agency's decision.
question
Identify the functions of administrative law judges of a U.S. administrative agency.
answer
They use prior decisions or precedent.
They apply the law to the facts.
They hear cases of alleged law violations.
They apply the law to the facts.
They hear cases of alleged law violations.
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
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 the context of government control over administrative processes, the executive branch has:
answer
veto power over the statutes of the legislature.
question
A person has standing to sue if he or she _____.
answer
suffers economic loss due to an agency's action
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
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 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
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
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
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
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
A doctrine similar to exhaustion of remedies is known as:
answer
primary jurisdiction
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
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
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