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Exam 5: Powers and Functions of Administrative Agencies

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Question 1

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Like statutory law,administrative law is created by legislatures.

A) True
B) False

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Question 2

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The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC) .GCC may want to settle the dispute,before formal adjudicatory proceedings begin,to avoid​

A) appearing uncooperative.
B) eliminating the need for additional proceedings.
C) rectifying the problem to the NRC's satisfaction.
D) saving the expense of formal proceedings and later appeals.

E) B) and D)
F) All of the above

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Question 3

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If a business firm refuses to comply with an agency's request to inspect facilities or business records,the agency must defer to the refusal.

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Executive control over the Federal Communications Commission,and other agencies,may be exercised through a presidential veto of​

Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in​

Federal executive agencies are outside the federal executive departments.

Administrative agencies can conduct warrantless searches in some situations.

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of​

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

Often,an administrative agency itself enforces its rules.

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Grapple Market Share Corporation would like to know what information federal agencies have about Grapple's operations,so that the firm will know what its competitors may be able to learn about it.Can Grapple require the agencies to disclose whatever information they may have concerning it? If so,how should the firm make its request? What federal law applies? Is any information exempt?

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in​

In reviewing the actions of the U.S.Office of Nuclear Energy and other agencies,the courts​

In most instances,an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

Final administrative rules have binding legal effect unless the courts later overturn them.