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Admin. Agencies
| Question | Answer |
|---|---|
| A significant difference between an administrative agency hearing and a court hearing is that: | there is no right of trial by jury before an agency |
| A subpoena to testify or to produce records: | cannot be opposed on the grounds that such a request constitutes an unreasonable search and seizure. |
| A(n) __________ is a negotiated disposition of a matter before an administrative agency, generally without public sanctions. | informal settlement |
| Administrative hearings often have additional parties involved, called ______, who are _______ with an interest in the case are permitted to participate. | intervenors, industry organizations |
| An administrative agency can be created to perform: | all three of the functions of government |
| An administrative regulation: | has the force of law |
| Before an agency can begin rule-making proceedings it must be given jurisdiction: | by congressional enactment in the form of a statute. |
| Concerning administrative investigations: | papers and records generally may be subpoenaed by an agency. |
| Generally, which power(s) does (do) an administrative agency possess? | all powers necessary to effectively perform the duties entrusted to it |
| If an agency causes a substantial loss to a business by enforcement of its laws, that business: | may seek damages if the agency acted in bad faith |
| In reviewing agency action, courts generally apply the: | "arbitrary and capricious" standard. |
| Meetings are to be open to the public under: | the Sunshine Act |
| Proposed administrative regulations must be: | Both printed in the Federal Register and published in the trade journals of trades that will be affected. |
| The ____________ protection against self-incrimination cannot be invoked by a corporate officer when an agency has subpoenaed corporate records. | Fifth Amendment |
| The ______can issue a(n) ______ to stop a practice that it decides is improper. This order is binding unless reversed on an appeal. | FTD, cease-and-desist order |
| The "public comment" period for proposed administrative agency rules must be at least __________ days. | 30 |
| The Freedom of Information Act: | is intended to subject agency action to public scrutiny |
| The term "exhaustion of administrative remedies" means that: | parties to an administrative action can appeal only after the agency has made a final decision. |
| The United States constitution places the most significant limitations on administrative investigation in the area of: | search and seizure of the person |
| To satisfy the requirements of due process, an agency handling a complaint must generally _______, although there is no right to _________. | give notice and hold a hearing, trial by jury before an agency. |
| Under the _______ Amendment, agency officials have the right to conduct________ with a warrant, but a(n) ________ inspection is permitted when violations are dangerous to public health and safety. | Fourth, inspections, warrantless. |
| When it comes to administrative agencies, courts: | accept rules that have been established by agencies using a rational basis, regard agencies as able to perform their duties effectively, and do not substitute their own judgment in agency decisions. |
| What is beyond the enforcement power of an agency? | convicting of criminal violations |
| What is part of an administrative agency's power to investigate? | an investigation to: determine whether the defendant is complying with agency's final order, ascertain facts with respect to a particular suspected or alleged violation, determine whether additional administrative rules need to be adopted |
| What is true about judicial review of agency action? | Courts will reverse a decision if they disagree with the legal interpretation. |
| What is an administrative agency? | a governmental body charged with administering and implementing legislation |
| What type of law governs administrative agencies? | Administrative Law |
| An Administrative Agency has the power to make laws | True |
| An agency does not need to be given jurisdiction before beginning rule-making proceedings. | False |
| What powers do administrative agencies possess? | Legislative, Judicial, and Executive |
| How do administrative agencies exercise executive power? | By policing companies with those regulations |
| Why are Administrative agencies created? | They are created to establish expertise and to exercise supervision over special problems about which Congress is concerned. |
| What is the Administrative Procedure Act? | federal law that establishes the operating rules for administrative agencies |
| What is the Freedom of Information Act? | Federal law permitting citizens to request documents and records from administrative agencies. |
| What law requires advance notice of agency meeting and public access? | Open meeting law |
| What does the Federal Register Act require? | Agencies to make public disclosure of proposed rules, passed rules, and activities. |
| What is the Federal Register? | government publication issued 5 days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents and classes of documents that the president ot Congress direct to be published. |
| What is an informal settlement? | negotiated disposition of a matter before an administrative agency, generally without public sanctions. |
| What is an informal settlement of enforcement actions brought by agencies? | Consent decree |
| What is a cease-and-desist order? | order issued by a court or administrative agency to stop a practice that it decides is improper. |
Created by:
Jlm2375