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Administrative Law Flashcards

Chapter 15 – The Regulatory Process Questions

0 min read
Posted on 
May 22nd, 2023
Home Administrative Law Flashcards Chapter 15 - The Regulatory Process Questions
question
Administrative agencies have either quasi-legislative regulatory authority or quasi-judicial regulatory authority, but they cannot have both.
answer
False
question
Expertise beyond Congress is required to develop sound policies and proper decisions in response to problems in different areas regulated by the law.
answer
True
question
Advisory opinions of an administrative agency are as binding as formal rulings.
answer
False
question
In exercising their investigative functions, administrative agencies are excluded from using subpoena powers.
answer
False
question
To establish standing, the challenging party must address issues relating to the reviewability of a decision and the aggrieved party involved.
answer
True
question
The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.
answer
True
question
According to the doctrine of the exhaustion of remedies, judicial review is available only for final actions by an agency.
answer
True
question
For the courts to exercise their function of limited review, an agency must provide a record that sets forth the reasons and basis for its decision.
answer
True
question
The primary focus of policymaking by way of regulation has been on balancing the costs of regulatory programs with their potential benefits.
answer
True
question
All levels of government have grown larger and more complex in the twenty-first century.
answer
True
question
Which of the following type of regulatory authority issues rules that have the impact of laws?
answer
Quasi-legislative
question
Choose the statement below that is true of administrative agencies?
answer
They are organizations created by the legislature to serve a specific purpose.
question
Which of the following federal agencies protects the public from anticompetitive behavior and unfair and deceptive business practices?
answer
the Federal Trade Commission (FTC)
question
Which of the following is true of the Occupational Safety and Health Administration (OSHA)?
answer
It ensures all workers a safe and healthy work environment.
question
Which federal agency promotes dependable, affordable energy through sustained competitive markets?
answer
the Federal Energy Regulatory Commission (FERC)
question
Administrative agencies are needed to provide all of the following except_______.
answer
Discretion
question
The government relies on administrative agencies for ________, which is/are necessary to develop sound policies and provide solutions and management for problems.
answer
Expertise
question
Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to
answer
protect the public, especially from the business community.
question
The ______ function of an administrative agency involves both fact-finding and applying law to the facts.
answer
Adjudicating
question
Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations?
answer
Cease and desist order
question
The Federal Reserve Board (FRB) found that Parson Inc., a newly established financial company, had violated banking laws. The company was involved in transactions that were prohibited by the United States government. Along with imposing a hefty fine, the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future. This order is an example of a(n) ______.
answer
Cease and desist order
question
Which of the following statements is true of a consent order?
answer
It requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review.
question
Which of the following statements is true of the functionality of agencies providing services?
answer
Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits.
question
The Securities and Exchange Commission (SEC) primarily functions as a(n) ______ body, which oversees the issue and sale of investment securities.
answer
supervising
question
Administrative law judges are
answer
employed by the agency that is in charge of hearing the initial presentations.
1 of 25
question
Administrative agencies have either quasi-legislative regulatory authority or quasi-judicial regulatory authority, but they cannot have both.
answer
False
question
Expertise beyond Congress is required to develop sound policies and proper decisions in response to problems in different areas regulated by the law.
answer
True
question
Advisory opinions of an administrative agency are as binding as formal rulings.
answer
False
question
In exercising their investigative functions, administrative agencies are excluded from using subpoena powers.
answer
False
question
To establish standing, the challenging party must address issues relating to the reviewability of a decision and the aggrieved party involved.
answer
True
question
The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.
answer
True
question
According to the doctrine of the exhaustion of remedies, judicial review is available only for final actions by an agency.
answer
True
question
For the courts to exercise their function of limited review, an agency must provide a record that sets forth the reasons and basis for its decision.
answer
True
question
The primary focus of policymaking by way of regulation has been on balancing the costs of regulatory programs with their potential benefits.
answer
True
question
All levels of government have grown larger and more complex in the twenty-first century.
answer
True
question
Which of the following type of regulatory authority issues rules that have the impact of laws?
answer
Quasi-legislative
question
Choose the statement below that is true of administrative agencies?
answer
They are organizations created by the legislature to serve a specific purpose.
question
Which of the following federal agencies protects the public from anticompetitive behavior and unfair and deceptive business practices?
answer
the Federal Trade Commission (FTC)
question
Which of the following is true of the Occupational Safety and Health Administration (OSHA)?
answer
It ensures all workers a safe and healthy work environment.
question
Which federal agency promotes dependable, affordable energy through sustained competitive markets?
answer
the Federal Energy Regulatory Commission (FERC)
question
Administrative agencies are needed to provide all of the following except_______.
answer
Discretion
question
The government relies on administrative agencies for ________, which is/are necessary to develop sound policies and provide solutions and management for problems.
answer
Expertise
question
Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to
answer
protect the public, especially from the business community.
question
The ______ function of an administrative agency involves both fact-finding and applying law to the facts.
answer
Adjudicating
question
Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations?
answer
Cease and desist order
question
The Federal Reserve Board (FRB) found that Parson Inc., a newly established financial company, had violated banking laws. The company was involved in transactions that were prohibited by the United States government. Along with imposing a hefty fine, the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future. This order is an example of a(n) ______.
answer
Cease and desist order
question
Which of the following statements is true of a consent order?
answer
It requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review.
question
Which of the following statements is true of the functionality of agencies providing services?
answer
Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits.
question
The Securities and Exchange Commission (SEC) primarily functions as a(n) ______ body, which oversees the issue and sale of investment securities.
answer
supervising
question
Administrative law judges are
answer
employed by the agency that is in charge of hearing the initial presentations.

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