THIS MULTIPLE- CHOICE QUESTION

The majority of federal administrative agencies are part of which category of agency?

• The executive branch

• The judicial branch

• The legislative branch

• Independent agencies

• None of these

• Al's Car Shack believes its business has been hurt by a new administrative agency rule that creates excessive paperwork for the sale of used cars. In order to challenge the new rule, Al's Car Shack may

• immediately challenge the rule in federal court.

• immediately challenge the rule by filing a complaint with the administrative agency.

• immediately challenge the rule in state court.

• All of these.

• In 2009, the FDA issued an Egg Safety Final Rule meant to prevent cases of egg-related salmonella poisoning in the U.S. The regulation requires preventive measures during the production of eggs in poultry houses and subsequent refrigeration during storage and transportation. This rule has an effect of law. This rule is an example of a(n) _________________.

• interpretive rule

• general statement of policy

• procedural rule

• subpoena

• legislative rule

The ________________ is the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

• Executive orders handbook.

• Interstate Commerce Commission.

• Federal Register.

• Proposed rules handbook.

• Official laws of Congress.

• An administrative agency's power to issue a subpoena to testify or to produce records __________________________.

• violates the Bill of Rights

• is prohibited by Congressional laws regarding search and seizure

• is an attempt to gain information by compulsion and has been subsequently deemed illegal

• must be approved each time by Congress to be effective

• is granted by enabling statutes

• Who appoints commissioners of independent agencies?

  The president with the advice and consent of the Senate.

• The Senate.

• The House of Representatives.

• The chief of the agency.

• The Supreme Court.

• Hybrid rule making contains ________________.?

• a formal record of the proceedings

• some of the features of both formal and exempted rule making

• some of the features of both informal and exempted rule making

• only the essential elements of a rule

• some of the features of both formal and informal rule making

• If all other administrative procedures have been exhausted, any entity that believes itself harmed by an administrative rule may

• challenge that rule in federal court.

• challenge that rule in state court.

• request a public hearing to change the rule.

• directly petition the APA to remove the rule.

• publish its grievances in the Federal Register.

• The Securities and Exchange Commission is an agency that has narrow authority over many facets of the securities industry. The SEC is an example of a(n) ______________________.

• state agency

• cabinet-level agency

• independent agency

• hybrid agency

• executive agency

• The Securities and Exchange Commission (SEC) sought to change the rules so that stock options would in the future be charged as expenses. Congress did not like the proposed rule change and sought to dissuade the SEC from enacting it. What actions may Congress legally take to convince the SEC to drop its proposed rule change?

• Congress may threaten to defund the SEC through cutting or even eliminating its budget.

• Congress may dissolve the agency.

• Congress may fire the head of the agency.

• Congress may either threaten to defund the SEC through cutting or even eliminating its budget, or it can dissolve the agency.

• What is the purpose for these four limitations on agency power?

• Two of these.

• To give more power to the executive branch.

• To keep agencies from abusing their discretion.

• To put more criminals in jail.

• To give more power to the legislative branch.

• What type of limitation is illustrated in situation number one?

• Informational

• Political

• Judicial

• Statutory

• None of these

What type of limitation is illustrated in situation number two?

• Informational

• Statutory

• Political

• Two of these

• Judicial

What type of limitation is illustrated in situation number three?

• Statutory

• Political

• Informational

• Judicial

• Consenting

• What type of limitation is illustrated in situation number four?

• Judicial

• Consenting

• Statutory

• Informational

• Political