Question 1

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

Accepted Answer

A) True 
 B)False

Question 2

Administrative agencies generally are not subject to the rules of evidence.

Accepted Answer

A) True 
 B)False

Question 3

Administrative agencies are not subject to the constitutional protections afforded individuals and businesses.

Accepted Answer

A) True 
 B)False

Question 4

An administrative agency:

Accepted Answer

A)  is not empowered to act as a court with regard to its own regulations.
B)  acts as a specialized court of limited jurisdiction.
C)  can hear complaints only in the presence of a jury.
D)  cannot impose penalties for violation of its regulations.

Question 5

Under modern law, when the issue that an agency decides is a question of law based on a technical statute:

Accepted Answer

A)  the court on appeal will reverse the agency's decision if the court disagrees with the decision.
B)  the court will not accept the agency's decision unless the agency's interpretation is the only one that could have been made.
C)  the court will tend to accept the agency's interpretation of the law as long as it is reasonable.
D)  the court will not reverse the agency's decision.

Question 6

A significant difference between an administrative agency hearing and a court hearing is that:

Accepted Answer

A)  a binding decision can only be made by an agency.
B)  there is no right of trial by jury before an agency.
C)  a court hearing allows no public intervention.
D)  a court can enforce its decision.

Question 7

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

Accepted Answer

A) True 
 B)False

Question 8

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

Accepted Answer

A) True 
 B)False

Question 9

A subpoena to testify or to produce records:

Accepted Answer

A)  is prohibited by the constitutional guarantee against unreasonable searches and seizures.
B)  is an illegal attempt to gain information by compulsion.
C)  cannot be opposed on the grounds that such a request constitutes an unreasonable search and seizure.
D)  must be approved by corporate officers to be effective.

Question 10

If an agency causes a substantial loss to a business by enforcement of its laws, that business:

Accepted Answer

A)  always may hold the agency liable for damages.
B)  never can hold the agency liable for damages.
C)  may seek damages if the agency acted in bad faith.
D)  may seek damages if the agency complied with its own guidelines.

Question 11

Meetings are to be open to the public under the guidelines of the Sunshine Act of 1976. Meetings include:

Accepted Answer

A)  those of federal administrative agencies.
B)  those of state administrative agencies.
C)  those actions that are deemed "meetings" by the agency.
D)  both a and b

Question 12

An administrative agency cannot hold a hearing without a jury.

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

Which of the following is part of an administrative agency's power to investigate?

Accepted Answer

A)  an investigation to determine whether additional administrative rules need to be adopted
B)  an investigation to ascertain facts with respect to a particular suspected or alleged violation
C)  an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order
D)  all of the above

Question 15

The United States constitution places the most significant limitations on administrative investigation in the area of:

Accepted Answer

A)  search and seizure of the person.
B)  aerial inspection.
C)  search and seizure of papers and records.
D)  guarantee against self-incrimination.

Question 16

Which statement is true concerning administrative hearings?

Accepted Answer

A)  An existing business has the right to challenge the granting of a license to a potential competitor.
B)  Denial of a jury trial is a denial of due process.
C)  It is generally necessary to give notice of an administrative hearing and to allow affected persons to be present.
D)  Traditional courtroom rules of evidence must be applied.

Question 17

Wilma was an employee of the Electric Storage Battery Company. She was fired. She claimed that she was fired because she was a member of a labor union. The employer asserted that she was fired because she was a poor worker. Wilma filed an unfair labor practice complaint with the National Labor Relations Board. Its examiner held a hearing at which evidence was presented showing that Wilma was a poor worker. Other evidence presented showed that the employer was opposed to labor unions. The Board decided to believe Wilma's witnesses and concluded that she had been fired because she belonged to the union. Can the employer appeal this decision?

Accepted Answer

Yes. The employer has the right to appea...

Question 18

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

Accepted Answer

A) True 
 B)False

Exam 6: Administrative Agencies

Which statement is true concerning administrative hearings?

Correct Answer
verified

A subpoena to testify or to produce records:

Correct Answer
verified

A significant difference between an administrative agency hearing and a court hearing is that:

Correct Answer
verified

An administrative agency cannot hold a hearing without a jury.

Correct Answer
verified

The United States constitution places the most significant limitations on administrative investigation in the area of:

Correct Answer
verified

Administrative agencies generally are not subject to the rules of evidence.

Correct Answer
verified

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

Correct Answer
verified

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

Correct Answer
verified

If an agency causes a substantial loss to a business by enforcement of its laws, that business:

Correct Answer
verified

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

Correct Answer
verified

Under modern law, when the issue that an agency decides is a question of law based on a technical statute:

Correct Answer
verified

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

Correct Answer
verified

Administrative agencies are not subject to the constitutional protections afforded individuals and businesses.

Correct Answer
verified

An administrative agency:

Correct Answer
verified

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

Correct Answer
verified

Correct Answer
verified
Yes. The employer has the right to appea...
View Answer

Which of the following is part of an administrative agency's power to investigate?

Correct Answer
verified

Meetings are to be open to the public under the guidelines of the Sunshine Act of 1976. Meetings include:

Correct Answer
verified

Exam 6: Administrative Agencies

Which statement is true concerning administrative hearings?

Correct AnswerverifiedShow Answer

A subpoena to testify or to produce records:

Correct AnswerverifiedShow Answer

A significant difference between an administrative agency hearing and a court hearing is that:

Correct AnswerverifiedShow Answer

An administrative agency cannot hold a hearing without a jury.

Correct AnswerverifiedShow Answer

The United States constitution places the most significant limitations on administrative investigation in the area of:

Correct AnswerverifiedShow Answer

Administrative agencies generally are not subject to the rules of evidence.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

Correct AnswerverifiedShow Answer

If an agency causes a substantial loss to a business by enforcement of its laws, that business:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Under modern law, when the issue that an agency decides is a question of law based on a technical statute:

Correct AnswerverifiedShow Answer

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

Correct AnswerverifiedShow Answer

Administrative agencies are not subject to the constitutional protections afforded individuals and businesses.

Correct AnswerverifiedShow Answer

An administrative agency:

Correct AnswerverifiedShow Answer

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedYes. The employer has the right to appea...View AnswerShow Answer

Which of the following is part of an administrative agency's power to investigate?

Correct AnswerverifiedShow Answer

Meetings are to be open to the public under the guidelines of the Sunshine Act of 1976. Meetings include:

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Yes. The employer has the right to appea...
View Answer

Correct Answer
verified

Correct Answer
verified