Chapter 23 Quiz - Assignment Essays %

question

Although executive agencies exist within the cabinet departments of the executive branch, they are not subject to the authority of the president.

answer

FALSE

question

The purpose of negotiated settlements in disputes over administrative actions is to obtain funds to defray the agencyâ€™s operating costs.

answer

FALSE

question

Administrative agencies lack the time, the resources, and the expertise to make the detailed decisions required for regulation.

answer

FALSE

question

Final rules do not have binding legal effect until the courts confirm them.

answer

FALSE

question

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

answer

the president.

question

Because the Administrative Procedure Act imposes requirements that all federal agencies must follow, it is an integral part of the administrative process.

answer

TRUE

question

During an administrative hearing, the parties may

answer

all of the choices.

question

Administrative agencies can conduct searches without warrants in

answer

highly regulated industries.

question

An administrative law judge does not have the power to rule on questions of evidence or to make determinations of fact.

answer

FALSE

question

Congress can review new federal regulations only after they take effect.

answer

FALSE

question

In the absence of a challenge, an agency action may be â€œarbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.â€

answer

TRUE

question

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

answer

issue a formal complaint.

question

Congress can exercise authority over the power of an administrative agency by revising its funding, changing its responsibilities, or abolishing it altogether.

answer

TRUE

question

Delta Water Company is subject to a decision by the Environmental Protection Agency. Delta appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

answer

changed the agencyâ€™s prior policy without justification.

question

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

answer

FALSE

question

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

answer

exhaust all possible administrative remedies.

question

A final rule issued through a notice-and-comment rulemaking procedure has binding legal effect

answer

unless a court overturns it.

question

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

answer

FALSE

question

Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.

answer

TRUE

question

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

answer

publish a notice of the proposed rulemaking.

1 of 20

question

Although executive agencies exist within the cabinet departments of the executive branch, they are not subject to the authority of the president.

answer

FALSE

question

The purpose of negotiated settlements in disputes over administrative actions is to obtain funds to defray the agencyâ€™s operating costs.

answer

FALSE

question

Administrative agencies lack the time, the resources, and the expertise to make the detailed decisions required for regulation.

answer

FALSE

question

Final rules do not have binding legal effect until the courts confirm them.

answer

FALSE

question

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

answer

the president.

question

Because the Administrative Procedure Act imposes requirements that all federal agencies must follow, it is an integral part of the administrative process.

answer

TRUE

question

During an administrative hearing, the parties may

answer

all of the choices.

question

Administrative agencies can conduct searches without warrants in

answer

highly regulated industries.

question

An administrative law judge does not have the power to rule on questions of evidence or to make determinations of fact.

answer

FALSE

question

Congress can review new federal regulations only after they take effect.

answer

FALSE

question

In the absence of a challenge, an agency action may be â€œarbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.â€

answer

TRUE

question

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

answer

issue a formal complaint.

question

Congress can exercise authority over the power of an administrative agency by revising its funding, changing its responsibilities, or abolishing it altogether.

answer

TRUE

question

Delta Water Company is subject to a decision by the Environmental Protection Agency. Delta appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

answer

changed the agencyâ€™s prior policy without justification.

question

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

answer

FALSE

question

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

answer

exhaust all possible administrative remedies.

question

A final rule issued through a notice-and-comment rulemaking procedure has binding legal effect

answer

unless a court overturns it.

question

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

answer

FALSE

question

Because federal agency rules have a binding effect, and their violators may be punished, certain established procedures must be followed in creating them.

answer

TRUE

question

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

answer

publish a notice of the proposed rulemaking.

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