TBCh06RF - CHAPTER 12 The Employment Agreement TRUE-FALSE...

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C H A P T E R 6 Administrative Law T RUE -F ALSE Q UESTIONS 1. Administrative agencies are usually part of the legislative branch. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. Failure to comply with regulations set in place by agencies may result in the imposition of fines as well as the revocation of licenses and permits. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 3. Agencies lack the authority to conduct formal adjudications. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 4. A rule made by a federal agency is not final until approved by Congress. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 5. A first step in rule making requires the administrative agency to give notice to the public of its proposed rule. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 6. Administrative rules that are not properly published in the Federal Reporter are void. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 7. The U.S. Constitution does not specifically provide for administrative agencies. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 8. Administrative agencies have been referred to as the fourth branch of the U.S. Government. 77
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MANAGERS AND THE LEGAL ENVIRONMENT ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 9. Libertarians claim that the greatest threat to the separation-of-powers doctrine in American history is embodied in the Patriot Act. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 10. The Fifth Amendment’s protection against self-incrimination applies to all records including all those that the government requires to be kept. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 11. Determining whether a regulated company or person is complying with laws and regulations cannot be a function of administrative agencies because of Congressional prohibitions. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 12. Defendants are entitled to a jury trial in administrative proceedings. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 13. An administrative agency can adopt rules that go beyond the authority granted by Congress. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 14. The general rule is that agency action is ripe for judicial review when the impact of the action is sufficiently direct and immediate as to make review appropriate. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 15. Administrative agencies have subpoena power to make mandatory requests for information. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 16. The Internal Revenue Service needs specific cause to order an audit of a company’s tax records. ANSWER:
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TBCh06RF - CHAPTER 12 The Employment Agreement TRUE-FALSE...

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