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The government may regulate production but not prices. True False A person or enterprise harmed by a Sherman Act violation may bring an action for:

  1. The government may regulate production but not prices.

    True

    False

A person or enterprise harmed by a Sherman Act violation may bring an action for:

a.

quadruple damages.

b.

punitive damages only.

c.

treble damages.

d.

actual damages only.

  1. Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.

    True

    False

  2. Because administrative agencies have broad powers, they are subject to strict procedural rules as well as disclosure requirements.

    True

    False

  3. In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.

    True

    False

  4. Which of the following is part of an administrative agencys power to investigate?

    an investigation to determine whether additional administrative rules need to be adopted

    an investigation to ascertain facts with respect to a particular suspected or alleged violation

    an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order

    all of the above

Which of the following is beyond the enforcement power of an agency?

requiring proof of compliance with agency regulations

issuing a cease-and-desist order

convicting of criminal violations

imposing civil penalties

Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted.

True

False

An administrative agency is barred from examining the records of a business enterprise by the constitutional guarantee against unreasonable searches and seizures.

True

False

  1. Modern administrators cannot make laws, but they can argue persuasively before Congress for the passage of needed legislation.

    True

    False

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