Business Law II Test/Chapters 47-50
Identify the letter of the choice that best completes the statement or answers the question. The Department of Homeland Security:
A. has been proposed but has never been created.
B. is a non-profit organization.
C. is a Cabinet-level Department.
D. will have little effect on the federal government's organization.
Which of the following is an accurate statement about the Administrative Procedure Act? A. It sets forth the procedure Congress must follow in order to create a new administrative agency or abolish an existing one.
B It establishes a presumption that administrative agency actions are reviewable by courts only if . Congress has expressly made them reviewable.
C. It applies to executive and independent agencies.
D. Each of the above.
Assume that the Occupational Safety and Health Administration (OSHA) begins an investigation of Acme Company in March 2004. Further assume that Acme Company is owned by the leading Democratic Presidential candidate for the 2004 Presidential election, Jane Acme. This investigation: A. must not be undertaken solely to harass Jane Acme.
B. must be done with a warrant.
C. includes the power to subpoena witnesses, except those who are unwilling to testify. Dincludes the power to use subpoenas duces tecum, but only if OSHA demonstrates the probable cause . required by the Fourth Amendment for the issuance of search warrants.
Which of the following is an accurate statement about powers delegated to and possessed by administrative agencies?
A.The most important administrative agencies typically possess investigative and rulemaking powers but not adjudicatory powers.
B. An agency's rulemaking power would be classified as discretionary power rather than ministerial. C. Modern courts have tended not to uphold the validity of broad delegations of power by Congress to administrative agencies.
DIn view of the constitutional principle of separation of powers, administrative agencies are not given . powers typically associated with the three traditional branches of the government.
Which of the following is an accurate statement about the Privacy Act of 1974? A It bars administrative agencies from gathering information about private citizens unless the agencies . have obtained a court order justifying the information gathering. B. It is frequently used by public interest groups to obtain information useful to the advancement of their public causes.
C It forbids administrative agencies from disclosing, for any purpose, the records in a file on a person . unless that person has expressly consented to the disclosure. D It allows persons to inspect files kept on them by administrative agencies and to request corrections of . erroneous or incomplete information.
Most federal administrative agencies have the power to:
A. arbitrate disputes involving private parties' rights of action on subjects within the agencies' expertise. B. investigate alleged violations of the statutes they administer. C. bring criminal prosecutions against violators of the regulations they have adopted. D. do all of the above.
An agency's interpretive rules:
A. are not binding on businesses and the courts.
B. specify how the agency will conduct its hearings.
C. have the full force and effect of law.
D. are seldom heeded by business because of their advisory nature.
When a decision of an administrative law judge (ALJ) is subjected to de novo review, A. it will be reviewed only for evidence of bias.
B. the ALJ's findings must be adopted by the agency's governing body unless the findings were arbitrary and capricious.
C. the ALJ's findings may be totally ignored by the agency's governing body. D. it will be reversed unless a refusal to reverse would be arbitrary and capricious.
Which of the following constitutional...
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