Mann_BLRB 9_TB_Ch05

Business Law and the Regulation of Business

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Chapter 5—Administrative Law TRUE/FALSE 1. Legislative rules by an administrative agency do not have the force of law. ANS: F MSC: AACSB Analytic 2. Administrative agencies sometimes act as if they are judicial bodies. ANS: T MSC: AACSB Analytic 3. When a decision is made by an administrative law judge, it is final; there is no recourse for appeal. ANS: F MSC: AACSB Analytic 4. Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated. ANS: T MSC: AACSB Analytic 5. Agencies create more legal rules and adjudicate more controversies than all the nation’s legislatures and courts combined. ANS: T MSC: AACSB Analytic 6. Congress appoints and removes the chief administrators of federal executive administrative agencies. ANS: F MSC: AACSB Analytic 7. Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the en- abling statute. ANS: F MSC: AACSB Analytic 8. A statute may preclude judicial review of an agency action. ANS: T MSC: AACSB Analytic 9. Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is a good cause. ANS: F MSC: AACSB Analytic 10. Enabling statutes may not impose more stringent requirements for promulgating rules than those found in the APA. ANS: F MSC: AACSB Analytic 11. Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.
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ANS: T MSC: AACSB Analytic 12. Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates. ANS: F MSC: AACSB Analytic 13. Interpretative rules of administrative agencies are not automatically binding on the courts. ANS: T MSC: AACSB Analytic 14. In general, procedural rules are exempt from the notice and comment requirements of the APA. ANS: T MSC: AACSB Analytic 15. An administrative agency must always use formal procedures to resolve matters. ANS: F MSC: AACSB Analytic 16. In 1990, Congress enacted the Administrative Dispute Resolution Act to require agencies to use altern- ative dispute resolution. ANS: F MSC: AACSB Analytic 17. Only documentary evidence may be admitted at an administrative hearing. ANS: F MSC: AACSB Analytic 18. Administrative hearings are held before a jury, just as are court hearings. ANS: F MSC: AACSB Analytic 19. The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances. ANS: F MSC: AACSB Analytic 20. Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court. ANS: F MSC: AACSB Analytic 21. An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies. ANS: T
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Mann_BLRB 9_TB_Ch05 - Chapter 5-Administrative Law...

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