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71
CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES
Chapter 19
Powers and Functions of
Administrative Agencies
TRUE/FALSE QUESTIONS
1.
Administrative agencies create administrative law.

ANSWER: T
PAGE:
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NAT: AACSB Reflective AICPA Legal
2.
640
AICPA Legal
TYPE:
PAGE:
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AICPA Legal
TYPE:
Enabling legislation is passed by an administrative agency before it

begins any regulatory activities.
ANSWER: F
NAT: AACSB Analytic
5.
PAGE:
Congress can create a new federal administrative agency.

ANSWER: T
NAT: AACSB Analytic
4.
Administrative agencies issue administrative regulations.

ANSWER: T
NAT: AACSB Analytic
3.
TYPE:
PAGE:
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AICPA Legal
TYPE:
A federal administrative agency may exercise only those powers that

Congress delegates to it.
ANSWER: T
NAT: AACSB Analytic
PAGE:
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AICPA Legal
TYPE:
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6.
UNIT FOUR: THE REGULATORY ENVIRONMENT
The president of the United States has the power to appoint the
members of federal administrative agencies.
ANSWER: T
NAT: AACSB Analytic
PAGE:
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AICPA Legal
TYPE:
73
7.
The executive, judicial, and legislative branches of government do

not exercise any control over administrative agency powers and
functions.
ANSWER: F
NAT: AACSB Analytic
8.
TYPE:
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AICPA Legal
TYPE:
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TYPE:
AICPA Critical Thinking
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AICPA Legal
TYPE:
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AICPA Legal
TYPE:
Congress issues legislative rules when it creates an administrative

agency.
ANSWER: F
NAT: AACSB Analytic
14.
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AICPA Legal
Interested parties must be given an opportunity to express their

views on a proposed agency rule.
ANSWER: T
NAT: AACSB Analytic
13.
PAGE:
There are basic steps to formal administrative rulemaking.

ANSWER: T
NAT: AACSB Analytic
12.
The major function of an administrative agency is rulemaking.

ANSWER: T
NAT: AACSB Analytic
11.
TYPE:
The major function of an administrative agency is the enforcement

of its administrative rules.
ANSWER: F
NAT: AACSB Analytic
10.
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AICPA Legal
An agency action may be set aside if it is arbitrary or capricious.

ANSWER: T
NAT: AACSB Analytic
9.
PAGE:
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AICPA Legal
TYPE:
A federal administrative agencys final rule is published in the United

States Code.
74
ANSWER: F
NAT: AACSB Analytic
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AICPA Legal
TYPE:
75
15.
Final administrative rules do not have binding legal effect.

ANSWER: F
NAT: AACSB Analytic
16.
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AICPA Legal
TYPE:
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AICPA Legal
TYPE:
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AICPA Legal
TYPE:
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AICPA Legal
TYPE:
Most disputes over administrative actions are resolved through

negotiated settlements at their initial stages.
ANSWER: T
NAT: AACSB Analytic
22.
650
AICPA Legal
Administrative agencies have the power to resolve disputes through

formal adjudication.
ANSWER: T
NAT: AACSB Analytic
21.
PAGE:
An administrative agency can compel a witness to appear at an

agency hearing.
ANSWER: T
NAT: AACSB Analytic
20.
Administrative agencies can obtain information through on-site

searches.
ANSWER: T
NAT: AACSB Analytic
19.
TYPE:
An administrative agency can issue an interpretive rule through an

informal method of policymaking.
ANSWER: T
NAT: AACSB Analytic
18.
A federal administrative agency must follow formal procedures to

make policy.
ANSWER: F
PAGE:
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17.
TYPE:
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TYPE:
AICPA Critical Thinking
An administrative law judge makes determinations of facts.
76
ANSWER: T
NAT: AACSB Analytic
23.
TYPE:
PAGE:
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AICPA Legal
TYPE:
PAGE:
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AICPA Legal
TYPE:
PAGE:
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AICPA Legal
TYPE:
PAGE:
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AICPA Legal
TYPE:
Once an agency has been created, it cannot be abolished.

ANSWER: F
NAT: AACSB Analytic
29.
656
AICPA Legal
To challenge an agency action, a party must have at least an

abstract disagreement over an administrative policy.
ANSWER: F
NAT: AACSB Analytic
28.
PAGE:
Judicial review of administrative agency actions is automatic.

ANSWER: F
NAT: AACSB Analytic
27.
A regulated party can take a dispute about the regulation to a court

rather than going through the administrative adjudicatory process.
ANSWER: F
NAT: AACSB Analytic
26.
TYPE:
The judicial branch exercises control over administrative agencies

through its review of agency actions.
ANSWER: T
NAT: AACSB Analytic
25.
655
AICPA Legal
Any party to a case may appeal the order of an administrative law

judge to the board or commission that governs the agency.
ANSWER: T
NAT: AACSB Analytic
24.
PAGE:
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AICPA Legal
TYPE:
Congress can review new federal regulations before they take effect.
ANSWER: T
NAT: AACSB Analytic
PAGE:
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AICPA Legal
TYPE:
77
30.
Congress can freeze the enforcement of a regulation before it

takes effect.
ANSWER: T
PAGE:
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TYPE:
78
31.
Most meetings of a federal agency must be open to public

observation.
ANSWER: T
NAT: AACSB Analytic
32.
PAGE:
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AICPA Legal
TYPE:
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AICPA Legal
TYPE:
Congress may create a state agency as a parallel to a federal agency

to provide similar services on a local basis.
ANSWER: F
NAT: AACSB Analytic
35.
TYPE:
Federal agencies must prepare guides that explain in plain English

how small businesses can comply with federal regulations.
ANSWER: T
NAT: AACSB Analytic
34.
659
AICPA Legal
Under the Regulatory Flexibility Act, administrative agencies have

the flexibility to issue any regulation that will have a significant
impact.
ANSWER: F
NAT: AACSB Analytic
33.
PAGE:
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AICPA Legal
TYPE:
The priority among conflicting federal and state laws is based on the
supremacy clause of the U.S. Constitution.
ANSWER: T
NAT: AACSB Analytic
PAGE:
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AICPA Legal
TYPE:
MULTIPLE CHOICE QUESTIONS

1.
National Ladder Company is subject to regulations issued by the

Occupational Safety and Health Administration (OSHA). Like other
federal administrative agencies, the OSHA was created by
a.
b.
c.
Congress, through enabling legislation.

the Federal Trade Commission, through
process.
the president, through an executive order.
the
rulemaking
79
d.
the U.S. Department of Labor, through a final order.
ANSWER: A
PAGE:
642
2.
Independent regulatory
Commission are
a.
b.
c.
d.
agencies
such
TYPE:
as
Trade
TYPE:
Seafood Restaurant Company pays income and other taxes collected

by the Internal Revenue Service (IRS). Like other federal
administrative agencies, the IRS was created by
a.
b.
c.
d.
Congress, through enabling legislation.

the courts, through the adjudicatory process.
the U.S. Constitution, through the First Amendment.
the U.S. Department of the Treasury, through a final order.
ANSWER: A
PAGE:
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4.
Federal
not part of the governments executive branch.

outside the major departments of the governments executive
branch.
subagencies of executive agencies.
subject to more executive authority than executive agencies.
ANSWER: B
PAGE:
642
3.
the
TYPE:
Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should
concentrate their lobbying efforts on
a.
b.
c.
d.
Congress.
federal administrative agencies that
products.
the United States Supreme Court.
the president of the United States.
ANSWER: A
PAGE:
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oversee
agricultural
TYPE:
80
5.
Congress leaves it to the Bureau of Prisons to oversee the

promulgation of detailed regulations in areas under the agencys
jurisdiction. This is
a.
b.
c.
d.
divine right.
the delegation of legislative powers.
gap-filling power.
unconstitutional conduct.
ANSWER: B
PAGE:
643
TYPE:
81
6.
Before adopting new regulations to govern Internet-based phone

services, the Federal Communications Commission may not
a.
b.
c.
d.
hold hearings to acquire facts pertinent to the proposed rules.

ignore the Administrative Procedure Act to streamline
proceedings.
order manufacturers to provide certain documents.
solicit testimony from interest groups and consumers.
ANSWER: B
PAGE:
644
7.
followed a consideration of legally appropriate factors.

justifiably changed the agencys prior policy.
was accompanied by a rational explanation.
was plainly contrary to the evidence.
ANSWER: D
PAGE:
645
TYPE:
Pure Water Company is subject to a decision by the Environmental

Protection Agency. Pure Water appeals the decision, arguing that it is
arbitrary and capricious. This could mean that the decision
a.
b.
c.
d.
changed the agencys prior policy without justification.

followed a consideration of all relevant factors.
was accompanied by a rational explanation.
was plainly warranted by the evidence.
ANSWER: A
PAGE:
645
9.
Truck Transport Company is subject to a decision by the National

Labor Relations Board. Truck Transport appeals the decision, arguing
that it is arbitrary and capricious. This could mean that the decision
a.
b.
c.
d.
8.
TYPE:
TYPE:
To notify the public of a proposed rule, the Food Safety and

Inspection Service, like other federal agencies, publishes the
proposal
a.
b.
c.
in a nationally distributed newspaper.

in a trade journal available to members of the industry.
in the Federal Register.
82
d.
on a public television station.
ANSWER: C
PAGE:
647
TYPE:
83
10.
The Securities and Exchange Commission decides to create a new

rule relating to the dissemination of material nonpublic information
through corporate Web sites. The first step is
a.
b.
c.
d.
compile the rule with others in the Code

Regulations.
conduct an on-site inspection.
publish a notice of the proposed rulemaking.
solicit public comment.
ANSWER: C
PAGE:
647
11.
b.
c.
d.
judges, legislators, and the president are asked about a

proposed rule.
potential violators of a proposed rule are notified and
publicized.
the administrators notice a problem and comment on it.
the public is asked to comment on a proposed rule.
ANSWER: D
PAGE:
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TYPE:
The U.S. Citizenship and Immigration Service issues a rule. Like the
rules of other federal administrative agencies, this rule is compiled in
a.
b.
c.
d.
the
the
the
the
Administrative Register of the Federal Government.

Code of Federal Regulations.
Federal Rules of Civil Procedure.
United States Code.
ANSWER: B
PAGE:
648
13.
TYPE:
Federal
The U.S. Fish and Wildlife Service utilizes notice-and-comment

rulemaking. This involves a period during which
a.
12.
of
TYPE:
The Federal Aviation Administration uses notice-and-comment

rulemaking. The final rule in such a proceeding is sometimes referred
to as
a.
b.
a legislative rule.
an interpretive rule.
84
c.
d.
an adjudicatory order.
an executive edict.
ANSWER: A
PAGE:
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14.
binding as a law passed by Congress.

persuasive as an experts opinion.
suggestive as a newspapers editorial.
unenforceable as a salespersons puffery.
ANSWER: A
PAGE:
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TYPE:
After notice-and-comment rulemaking, the U.S. Bureau of Land

Management (BLM) issues a new rule and applies it to Longhorn
Cattle Company. Longhorn appeals the application to a federal court.
The court will most likely defer to the BLMs interpretation of
a.
b.
c.
d.
fact and law.

fact only.
law only.
neither fact nor law.
ANSWER: A
PAGE:
650
16.
The Merit Systems Protection Board issues a rule. Like other adminis trative agencies legislative rules, this rule is as
a.
b.
c.
d.
15.
TYPE:
TYPE:
In reviewing the actions of the U.S. Office of Nuclear Energy and

other agencies, the courts
a.
are usually reluctant to review questions of fact.
b.
rarely defer to the technical expertise of administrative
agencies.
c.
often rule on the merits of policy determinations.
d.
all of the choices.
ANSWER: A
PAGE:
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TYPE:
85
17.
The U.S. Patent and Trademark Office (USPTO) wants to review

certain records of Verity Corporation. The USPTO can gain access to
the records through
a.
b.
c.
d.
a subpoena only.
neither Veritys consent nor a subpoena.
Veritys consent only.
Veritys consent or a subpoena.
ANSWER: D
PAGE:
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TYPE:
86
18.
The Equal Employment Opportunity Commission (EEOC) orders

Fatcheck Financial Company to reveal certain information. Fatcheck
complains to a court, arguing that the order is an abuse of the
EEOCs discretion.
Like other agencies, the EEOC can use a
subpoena to
a.
b.
c.
d.
obtain any information, without limits.

obtain testimony or documents.
obtain documents, but not to compel a party to testify.
pressure a party to settle an unrelated matter.
ANSWER: B
PAGE:
654
19.
The Federal Trade Commission (FTC) orders GR8 Steaks Company to

reveal certain information. GR8 Steaks complains to a court, arguing
that the order is an abuse of the FTCs discretion. Like other
agencies, the FTC can use a subpoena to
a.
b.
c.
d.
compel a party to testify, but not to obtain documents.

obtain any information except what a party refuses to reveal.
harass an uncooperative business or individual.
reveal violations of the law.
ANSWER: D
PAGE:
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20.
TYPE:
TYPE:
The Food and Drug Administration (FDA) is investigating reports that

Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDAs demands for
particular documents from Caplets
a.
b.
c.
d.
must be specific and adequately describe the material being

sought.
must not be specific or an incriminating item might be
overlooked.
must be general so as to force an uncooperative partys
compliance.
may, but need not, be specific because the FDA is a federal
agency.
ANSWER:
PAGE:
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TYPE:
87
88
21.
The Internal Revenue Service (IRS) wants to seize certain documents

of Monetary Propriety, Inc. Whether it is permissible for the IRS to
request or seize the documents depends on whether the documents
are
a.
b.
c.
d.
incriminating.
relevant.
technical.
valuable.
ANSWER: B
PAGE:
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22.
appearing uncooperative.
eliminating the need for additional proceedings.
rectifying the problem to the NRCs satisfaction.
saving the expense of formal proceedings and later appeals.
ANSWER: A
PAGE:
654
NAT: AACSB Reflective AICPA Risk Analysis
TYPE:
The U.S. Mine Safety Administration conducts searches of certain

businesses. This agency and other administrative agencies can
conduct warrantless searches in
a.
b.
c.
d.
all industries.
highly regulated industries.
no industries.
newly regulated industries only.
ANSWER: B
PAGE:
654
24.
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.
b.
c.
d.
23.
TYPE:
TYPE:
The functions of the Social Security Administration, like those of

other administrative agencies, include
a.
b.
c.
adjudication.
declaration.
enunciation.
89
d.
pronunciation.
ANSWER: A
PAGE:
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TYPE:
90
25.
Nursing Home Care Company is charged with violating a rule of the

Social Security Administration. Most likely, Nursing Home Care will be
required to appear at a hearing presided over by
a.
b.
c.
d.
a federal appellate court judge.

a federal district court judge.
an administrative law judge.
a U.S Marshal.
ANSWER: C
PAGE:
655
26.
The Federal Emergency Management Agency (FEMA) discovers that

Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation
is resolved like most such disputes, the outcome will be
a.
b.
c.
d.
a
a
a
a
negotiated settlement.
trial and a fine.
trial and an appeal to a higher authority.
trial and the dissolution of the business.
ANSWER: A
PAGE:
655
27.
TYPE:
TYPE
Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations
Board. A significant difference between a trial and an administrative
hearing is that
a.
b.
c.
d.
attorneys are not allowed to attend administrative hearings.

clients are not allowed to communicate with their attorneys
during administrative hearings.
hearsay can be introduced as evidence in an administrative
hearing.
the burden of proof is on the charged party to prove
innocence.
ANSWER: C
PAGE:
655
TYPE:
91
28.
Guard Personnel Company is charged with using hiring practices that

do not meet requirements set by the Transportation Safety
Administration (TSA). The administrative law judge orders Guard to
comply with the TSAs regulations. Guard may
a.
b.
c.
d.
appeal to the commission that governs the TSA.

appeal to Congress, which created the TSA.
appeal to a different, separate agency.
ignore the order.
ANSWER: A
PAGE:
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29.
an actual controversy at issue.

standing to sue.
the exhaustion doctrine.
the ripeness doctrine.
ANSWER: C
PAGE:
657
TYPE:
Executive control over the Federal Communications Commission, and

other agencies, may be exercised through a presidential veto of
a.
b.
c.
d.
Congresss modifications of the agencys authority.

the agencys final rules.
the agencys final orders.
none of the choices.
ANSWER: A
NAT: AACSB Analytic
31.
Plastix Produx Company is subject to a decision by the Consumer

Product Safety Commission. Opposed to the decision, Plastix Produx
wants a court to review it. First, however, the firm must use all of the
potential administrative remedies. This is
a.
b.
c.
d.
30.
TYPE:
PAGE:
658
AICPA Legal
TYPE:
A failure of the Federal Bureau of Investigation to comply with a

request under the Freedom of Information Act (FOIA) may be
challenged in
a.
b.
a federal district court.

a hearing before the U.S. Freedom of Information Agency.
92
c.
d.
a meeting with Congresss FOIA subcommittee.

a special conference with the president of the United States.
ANSWER: A
PAGE:
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TYPE:
93
32.
Von seeks information about Wes and other well-known

businesspersons under the Freedom of Information Act. To obtain the
information, Von must
a.
b.
c.
d.
agree not to reveal any trade secrets.

reasonably describe the information.
get a court order.
have Wess and the others permission.
ANSWER: B
PAGE:
659
33.
no federal or state law.

the Freedom of Information Act.
the Government-in-the-Sunshine Act.
the Public Accountability Act.
ANSWER: C
NAT: AACSB Analytic
PAGE:
659
AICPA Legal
TYPE:
The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in
the area of
a.
b.
c.
d.
accounting practices.
asset acquisition.
hazardous waste management.
tax reporting.
ANSWER: C
PAGE:
659
NAT: AACSB Reflective AICPA Critical Thinking
35.
With some exceptions, every portion of every meeting of the Federal

Reserve System Board of Governors and other federal administrative
agencies must be open to public observation under
a.
b.
c.
d.
34.
TYPE:
TYPE:
The U.S. Social Security Administration is a federal agency. The Iowa

Department of Social Services is a parallel state agency. If these
agencies actions conflict
a.
b.
c.
the federal agencys actions will prevail.

the state agencys actions will prevail.
the two agencies actions will be given equal weight.
94
d.
the two agencies actions will cancel each other.
ANSWER: A
PAGE:
660
TYPE:
95
ESSAY QUESTIONS
1.
Administrative agencieslike the Securities and Exchange

Commission, the Federal Trade Commission, and the Food and Drug
Administrationmake rules. What are the two basic types of rules
called, and how binding are they? What must an administrative rule
NOT do?
ANSWER: The rules that are made according to the notice-andcomment rulemaking procedures are sometimes referred to as
legislative rules, and they are as binding as the laws that Congress
makes. Such rules, like laws, must not violate the Constitution.
Unlike laws, however, such rules must not exceed the power that
Congress conferred on the agency in its enabling legislation.
Agencies can adopt rules through less formal actions. These
rules may be referred to as interpretive rules and are specifically
exempt from the requirements of the Administrative Procedure Act of
1946. Interpretative rules declare an agencys interpretation of its
enabling statutes meaning, without imposing direct, legally binding
obligations or establishing legal rights. They may have practical
significance, however, because they can indicate that formal
rulemaking may occur if these less formal positions are ignored.
PAGES:
647650
TYPE: N
NAT: AACSB Reflective AICPA Decision Modeling
2.
Grapple Market Share Corporation would like to know what

information federal agencies have about Grapples 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?
ANSWER: The Freedom of Information Act (FOIA) of 1966 requires
the federal government to reveal certain records to any person
on request. The request may be made via e-mail or fax, or more
traditional print methods, and needs to contain only a reasonable
description of the information sought. An agency has twenty working
days to respond to a request. There are exemptions, but the agency
must notify the party seeking the information what is being withheld
and which exemptionsnational security, or the confidential or
96
personal nature of the information, for exampleare being asserted.

An agencys refusal to comply with the FOIA can be challenged in
court. Generally, all records must be made available electronically on
the Internet, on CD-ROMs, and in other electronic formats, and
clearly indexed. Documents must be made computer accessible
within a year of their creation.
PAGE:659
TYPE: N
NAT: AACSB Reflective AICPA Decision Modeling

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71

CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

Administrative agencies create administrative law.

Enabling legislation is passed by an administrative agency before it

Congress can create a new federal administrative agency.

Administrative agencies issue administrative regulations.

A federal administrative agency may exercise only those powers that

UNIT FOUR: THE REGULATORY ENVIRONMENT

CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

The executive, judicial, and legislative branches of government do

Congress issues legislative rules when it creates an administrative

Interested parties must be given an opportunity to express their

There are basic steps to formal administrative rulemaking.

The major function of an administrative agency is rulemaking.

The major function of an administrative agency is the enforcement

An agency action may be set aside if it is arbitrary or capricious.

A federal administrative agencys final rule is published in the United

UNIT FOUR: THE REGULATORY ENVIRONMENT

CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

Final administrative rules do not have binding legal effect.

Most disputes over administrative actions are resolved through

Administrative agencies have the power to resolve disputes through

An administrative agency can compel a witness to appear at an

Administrative agencies can obtain information through on-site

An administrative agency can issue an interpretive rule through an

A federal administrative agency must follow formal procedures to

An administrative law judge makes determinations of facts.

UNIT FOUR: THE REGULATORY ENVIRONMENT

Once an agency has been created, it cannot be abolished.

To challenge an agency action, a party must have at least an

Judicial review of administrative agency actions is automatic.

A regulated party can take a dispute about the regulation to a court

The judicial branch exercises control over administrative agencies

Any party to a case may appeal the order of an administrative law

CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

Congress can freeze the enforcement of a regulation before it

UNIT FOUR: THE REGULATORY ENVIRONMENT

Most meetings of a federal agency must be open to public

Congress may create a state agency as a parallel to a federal agency

Federal agencies must prepare guides that explain in plain English

Under the Regulatory Flexibility Act, administrative agencies have

MULTIPLE CHOICE QUESTIONS

National Ladder Company is subject to regulations issued by the

Congress, through enabling legislation.

CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

the U.S. Department of Labor, through a final order.

Seafood Restaurant Company pays income and other taxes collected

Congress, through enabling legislation.

not part of the governments executive branch.

UNIT FOUR: THE REGULATORY ENVIRONMENT

Congress leaves it to the Bureau of Prisons to oversee the

CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

Before adopting new regulations to govern Internet-based phone

hold hearings to acquire facts pertinent to the proposed rules.

followed a consideration of legally appropriate factors.

Pure Water Company is subject to a decision by the Environmental

changed the agencys prior policy without justification.

Truck Transport Company is subject to a decision by the National

To notify the public of a proposed rule, the Food Safety and

in a nationally distributed newspaper.

UNIT FOUR: THE REGULATORY ENVIRONMENT

on a public television station.

CHAPTER 19: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

The Securities and Exchange Commission decides to create a new