1. Select the three powers that agencies have.
| 2. The major function of today's federal agencies is adjudication. |
| 3. An administrative rule is a statement of general or particular __________and _________effect designed to implement, ___________ , or prescribe law and policy. |
| 4. Many rules must be adopted using the notice-and-comment rulemaking procedure, which includes giving _________the proposed rulemaking, allowing for a period of time for __________ from the public, and the issuance of the ________. |
5. When an agency formally creates a new rule, the first step is to:
| | a. solicit public comment. | | |
| | b. issue a subpoena for information. | | |
| | c. publish a notice in the Federal Register. | | |
| | d. publish a notice in at least 200 local newspapers. | | |
| 6. When an agency publishes notice of proposed rulemaking, the notice must include the subject of the proposed rule, when and where the proceedings will be held, and the authority for passing the rule. |
| 7. During the comment period of the rulemaking process, the _________is allowed to express opinions or views about a proposed rule. These comments may be in writing or _________if a hearing is held. |
| 8. An agency has to respond to every comment that is made. |
| 9. Any changes to a proposed rule require an additional public comment period. |
| 10. If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule __________binding. |
| 11. If a firm thinks an agency's request for documents is unreasonable, it may refuse to comply with the request. In such situations, the agency may use a subpoena or search warrant to obtain the information. A subpoena compulsion writ is an order compelling a witness to appear at an agency hearing. A subpoena ad testificandum compels an individual to bring documents to the agency. Fill in the blanks with words that would best complete the passage. respondeat superior garnishment duces tecum |
| 12. To determine if an agency is abusing its discretion in pursuing information, a court may consider the __________of the investigation, the ________of the information being sought, the ________of the demand for documents, and the _________-of the demand on the party. |
13. Select three situations when an agency can perform a warrantless search.
| a. Highly regulated industries | | |
| |
| |
| |
| e. Certain types of hazardous operations | | |
| |
| 14. When an agency finds a rule violation, one attractive option for resolution is __________. |
15. One important difference between formal litigation and an administrative hearing before an administrative law judge ("ALJ") is that:
| | a. the ALJ typically is not an agency employee. | | |
| | b. an ALJ can admit hearsay in the hearing. | | |
| | c. an administrative proceeding is usually more formal than litigation. | | |
| | d. less information is admitted during an administrative hearing. | | |
| 16. At the conclusion of a hearing, the ALJ issues a(n) _________order. If no one objects, this becomes the _______order. |
