Question 45 1 pts Administrative agencies are generally created by: O a Supreme Court order 0 federal courts to help in areas difcult to regulate by litigation an enabling statute of Congress 0 an executive order of the President 0 a Supreme Court order following an enabling statute of Congress Question 46 1 pts The Fair Labor Standards Act (FSLA) regulates requirements for overtime pay. In general, managerial positions are exempted from the rule of overtime pay. In 2001 the Department of Labor issued 2001 Interpretive Rule stating that mortgage-loan ofcers were to receive overtime pay. In 2006 the Department of Labor's Wage and Hour Division issued Opinion Letter that mortgage-loan ofcers fall under managerial exception and need not be paid overtime. However, in 2010 the Division changed the interpretive rule back to 2001 position that mortgage-loan ofcers should be paid for overtime. The Mortgage Bankers Association sued. contending that 2010 interpretive rule was invalid because the agency did not use notice-and-comment procedures when rule changed, which was a violation of APA. The outcome of the case was 0 When an administrative agency issues a proposed rule, there is a procedure for "notice-and- comment" by industry regarding the proposed rule. 0 The APA states that noticeandcomment requirement does not apply to interpretive rules or general statements of policy. 0 The 2001, 2006 and 2010 interpretive rulesfopinion letters need not have had noticeand comment procedures because they are not required under the APA in these circumstances. 0 These actions by the Division were discriminatory that kept the mortgageloan ofcers in ux about their standing and therefore the interpretive ruleSz'opinion letters are unconstitutional. 0 All he d are correct answers. Question 50 1 pts Businesses have contested nes resulting from regulations that require mandatory self- reporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that: O the selfincrimination privilege of the 5th Amendment applies to individuals only 0 corporations are not protected by the selfincrimination privilege of the 5th Amendment Q) the selfincrimination applies to businesses if the charge may be for criminal penalties, but not for civil penalties O a and b are both correct answers Q a, b, and c are all correct answers. Question 51 1 pts Lone Mountain, a mining rm, was cited for regulatory violations and was mailed "notices of contest. However. the company did not respond and did not challenge notices or respond within 30 days. When the Mine Safety and Health Administration [MSHA} sent delinquency notice, Lone Mountain led motions to reopen the civil penalties from the nal order. 0 Lone Mountain did not challenge or respond to notices and therefore the penalties from the nal order will stand.Tough luck Lone Mountain\" 0 The Commission has much discretion to "reopen" nal orders and the Commission "and abused its discretion" by departing from its own precedent without explanation. O The agency did not mention or discuss prior orders of leniency in reopening their nal orders and did not give a reasoned analysis indicting that prior policies had been changed. 0 Failing to supply this analysis renders agency's actions "arbitrary and capricious". 0 All but a are correct answers. Question 53 1 pts Informal agency procedures may include: (0 tests and inspections 0 processing applications 0 negotiations with parties in trouble 0 advisory opinions 0 all of the above choices Question 54 1 pts Which industries are considered "closely regulated" and therefore do NOT need a warrant to enter and inspect the business: 0 an oil renery O a nuclear power station 0 a chemical processing plant 0 a clothing producer 0 all but d are correct choices Question 55 1 pts In a hearing at an administrative agency. to determine if the law has been violated: O defendants have the right to a jury trial 0 defendants may have a jury trial if the agency agrees to one 0 defendants' Constitutional rights are protected 0 a and b are both correct answers 0 none of the above are correct answers Question 56 1 pts A federal agency collects documents in its law enforcement activities. These documents are 0 always secret, under the Privacy Act, unless used in court 0 available to the public under the Freedom of Information Act, unless they concern information about individuals protected by the Privacy Act, such as trade secrets 0 always available to the public under the Government in the Sunshine Act 0 always available to the public under the Freedom of Information Act 0 c and d are both correct answers