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Business Its Legal, Ethical, and Global Environment: Chapter 6 . All Answers

Business Its Legal, Ethical, and Global Environment: Chapter 6 1. Before administrative agencies' rules become law, there must be congressional approval. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Comprehension 2. An administrative agency is neither a legislative nor a judicial body. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Knowledge 3. Administrative agencies can exist at any level of government. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Knowledge 4. Administrative agencies are created by some legislative body. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Knowledge 5. An enabling act is an act approving rules promulgated by an administrative agency. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 6. Administrative agencies serve as courts for hearings on rule violations. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Roles of Administrative Agencies KEYWORDS: Bloom's: Knowledge 7. The Privacy Act is part of the Administrative Procedures Act. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 8. The Freedom of Information Act is part of the Administrative Procedures Act. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 9. Under a Freedom of Information Act request, a member of the public can obtain all information in the files of a federal agency. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 10. Reverse FOIA suits are suits by agencies to stop disclosures. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 11. The Federal Privacy Act restricts the free exchange of information among federal agencies. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 12. Law enforcement agencies are exempt from the Federal Privacy Act. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 13. The Government in the Sunshine Act is often referred to as an open-meeting law. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 14. The Government in the Sunshine Act applies to all federal administrative agencies. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 15. Through deregulation the total number of pages of published federal regulations has decreased each year since 1985. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 16. The Federal Register Act is part of the Administrative Procedures Act. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 17. The U.S. Government Manual contains information on national and regional agency offices. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 18. The Code of Federal Regulations contains all the regulations of federal agencies. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 19. The Federal Register is a daily update of changes and proposed changes in the Code of Federal Regulations. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 20. Formal rule making requires publication of proposed rules. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 21. Informal rule making does not require publication of proposed rules. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 22. To withstand challenges, proposed agency rules must be supported by some studies or evidence. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 23. The Regulatory Flexibility Act allows agencies flexibility in rule making by not requiring publication of proposed rules. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 24. During the public comment period for a proposed rule, only affected businesses can make comments. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 25. Hearings are required in all federal rule proposals. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 26. Once a rule is proposed, it cannot be withdrawn. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 27. Because of Earl Devaney’s ethical stances as Inspector General for the Department of Interior he has never held another position with the federal government. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Synthesis 28. The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 29. An ultra vires challenge is a challenge of the agency's jurisdictional authority on a rule. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 30. A sunset law creates an agency for a limited time period. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 31. Hearings conducted by agencies for enforcement purposes need not provide due process for the parties. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 32. Many federal agencies use licensing as a means of enforcement. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 33. A consent decree is similar to a nolo contendere plea. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Comprehension 34. An ex parte contact is prohibited in administrative hearings. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 35. Administrative agencies do not permit intervenors to appear in hearings. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 36. The decision of an administrative law judge can be appealed to the agency heads. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Comprehension 37. Appeals of federal administrative agency decisions go to federal district court. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Comprehension 38. Administrative remedies must be exhausted before a court will review agency actions. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Comprehension 39. Due process rights before an administrative agency require that formal trials be held before rights are taken away. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 40. The Federal Register System includes the Federal Register, the Code of Federal Regulations, and the United States Code. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 41. Inspections are a means of enforcement for administrative agencies. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 42. Inspections by administrative agencies require a search warrant unless the business owner gives permission. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Comprehension 43. Under the FOIA, agencies are not permitted to charge for copying costs. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 44. Under the federal sunshine laws, agency staff members may hold meetings without notice. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 45. The Federal Register Act is part of the Administrative Procedures Act. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 46. Both formal and informal rulemaking processes include public hearings. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 47. An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 48. By law, there are exactly twelve independent agencies that report to the Office of the President. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Knowledge 49. Informal rulemaking is not permitted for promulgation of rules. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Informal Rulemaking KEYWORDS: Bloom's: Comprehension 50. An FOIA request can be denied if national security information is involved. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Application 51. Law enforcement purposes are an exception to the prohibited exchanges of information among agencies under the Federal Privacy Act. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 52. Only businesses can provide input during the comment period of rulemaking. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 53. Federal agencies do not have the authority to issue fines. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 54. Only businesses can provide input in the formal rulemaking process. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 55. A public comment period must be a minimum of 30 days. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 56. Licensing and inspection are the only enforcement tools of administrative agencies. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 57. The United States has about as many or fewer administrative agencies as does its major trading partners. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Role of Administrative Agencies in the International Market KEYWORDS: Bloom's: Knowledge 58. An agency that fails to investigate the issues before proposing a rule has acted arbitrarily and capriciously. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Synthesis 59. An agency's withdrawal of a rule without factual support for its need for withdrawal has acted arbitrarily and capriciously. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 60. The Government in the Sunshine Act requires advance notice of agency meetings and hearings. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 61. Comment periods are not required for modifications of rules, only new rules. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 62. Only consumers have rights of comment during the public comment period. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 63. The Code of Federal Regulations is published every business working day. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 64. The 30-day comment period can be waived for emergency rulemaking. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 65. The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 66. Appeals of federal agency decisions to courts of appeal require a grant of certiorari. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 67. All administrative agencies: a. are at the federal level. b. promulgate regulations. c. are created by the U.S. President. d. are under sunset laws. : b POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Knowledge 68. Enabling acts: a. are regulations of administrative agencies. b. are nonlegislative provisions. c. establish administrative agencies and their authority. d. must contain sunset provisions. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 69. The Administrative Procedures Act includes: a. the Freedom of Information Act. b. the Federal Register Act. c. zero-base budgeting. d. enabling legislation. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 70. An FOIA request: a. is a request made by a citizen for agency information. b. is an intergovernmental agency request for information about citizens. c. can request any information in an agency's file. d. may not require the payment of copy fees. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 71. Which of the following is not exempt from an FOIA request? a. national defense or foreign policy information b. internal agency policies on copy charges c. trade secrets d. investigation records : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 72. A reverse FOIA suit is: a. one brought by an administrative agency. b. a suit to stop disclosure of information. c. not available at the federal level. d. a suit brought by an agency against another agency. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 73. The Federal Privacy Act: a. prohibits release of information (by public agencies) on individuals. b. does not apply to all agencies. c. provides a disclosure exemption for law enforcement purposes. d. does not cover medical records. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 74. The Government in the Sunshine Act: a. is often called an open-meeting law. b. applies to federal agencies whose heads are appointed by Congress. c. requires all agency meetings to be public. d. applies to congressional committee meetings. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 75. Formal rulemaking differs from informal rulemaking in: a. public notice is required for formal rulemaking not informal. b. a public comment period is needed for formal rulemaking but not informal. c. no modification period exists in formal rulemaking. d. none of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Synthesis 76. Which of the following is not grounds for challenging an administrative regulation? a. arbitrary and capricious b. lack of substantial evidence c. ultra vires d. lack of a congressional hearing : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Funcions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 77. Enforcement of federal administrative regulations: a. is a function of the executive branch. b. is a function of the Justice Department. c. is part of the agency's role. d. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Comprehension 78. A consent decree is: a. comparable to a not guilty plea. b. comparable to a nolo contendere plea. c. a guilty plea to agency charges. d. not made public. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Analysis 79. Sanctions that can be imposed by agencies include: a. injunctions. b. fines. c. loss of license. d. all of the above : d POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 80. Appeals from federal administrative agency decisions go: a. to federal district court. b. to U.S. Court of Appeals. c. directly to the U.S. Supreme Court. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Knowledge 81. The Federal Privacy Act: a. is the same as the Regulatory Flexibility Act. b. does not apply to medical and employment histories. c. is part of the Administrative Procedures Act. d. applies to all law enforcement information exchanges. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 82. The Federal Register Act is: a. not part of the Administrative Procedures Act. b. an act that provides for publication of the United States Code. c. the same as the Regulatory Flexibility Act. d. the act that covers the registration of meetings. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 83. The National Transportation Safety Board has proposed a new regulation that would require children under the age of two to be strapped into car seats in their own seats on airplanes. Currently, children under the age of two are nonpaying passengers who ride on their parents' laps. What opportunities will airlines and parents have for input on the proposed rule? a. They can write their congressional representatives. b. They can send in comment letters to the NTSB. c. They can seek a presidential veto. d. They can go to court to block the proposal. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Function of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 84. The public comment period: a. need not be 30 days if there a formal hearings. b. need not be 30 days if the Regulatory Flexibility Act is followed. c. need not be 30 days in the case of an emergency. d. must always be 30 days. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 85. Ralph Watkins is the president of Animal Crackers, Inc. Animal Crackers operates childrens' clothing stores. Ralph has just received notice of charges by the Federal Trade Commission (FTC) against Animal Crackers for deceptive advertising. Watkins wishes to know the company's rights. Which of the following statements is ? a. Animal Crackers is entitled to a jury trial. b. Animal Crackers could dispose of the matter through a consent decree. c. Animal Crackers is facing criminal charges. d. Animal Crackers will have a 30-day comment period. : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 86. Which of the following meetings would be subject to the open-meeting provisions of the federal Sunshine laws? a. a meeting of the staff attorneys of the SEC enforcement division b. a meeting of the division heads of the Federal Trade Commission c. a meeting of the nine justices of the U.S. Supreme Court d. a meeting of three of the five commissioners of the Federal Aviation Administration : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 87. Which of the following is not an example of an enabling act? a. Government in the Sunshine Act b. Securities Exchange Act of 1934 c. Federal Trade Commission Act d. Occupational Safety and Health Act : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Synthesis 88. Which of the following is not part of the Administrative Procedures Act? a. Freedom of Information Act b. Federal Privacy Act c. Government in the Sunshine Act d. Federal Register Act : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Synthesis 89. Which of the following is not an exemption from FOIA requests? a. investigation records b. product safety tests c. personnel files d. bank reports : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Comprehension 90. Which of the following is not an exemption for following the disclosure requirements under the Federal Privacy Act? a. medical records b. FBI investigations c. SEC stock-trading records d. Congress : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Application 91. Notice of a proposed federal regulation in The Federal Register need not contain: a. the name of the proposing agency. b. the statutory authority for promulgating the rules. c. the environmental impact of the proposal. d. the language or the proposed rule or a summary. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 92. The Regulatory Flexibility Act: a. created the process of hybrid rule making. b. requires publication of rule notices in trade magazines. c. requires a six-month comment period in formal rule making. d. allows regulators to promulgate rules without prior notice. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 93. A court challenge to a promulgated rule based on the theory that the agency exceeded its authority is: a. a substantial evidence challenge. b. an arbitrary and capricious challenge. c. an ultra vires challenge. d. all of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 94. Ex parte contacts are: a. contacts with a member of a different political party during rule making. b. contacts with an individual who has not made comments on a proposed rule. c. unilateral contacts with an ALJ. d. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Analysis 95. Andrew Flint is the CEO of a small, publicly held company based in Idaho Falls, Idaho. Flint earned $76,000 last year as CEO. Investors in Flint's firm are earning nearly 15 percent on their shares. Flint has learned that the SEC is considering a proposed rule mandating salary studies for all publicly held firms. Flint has priced such studies and has estimates ranging from $27,000 to $40,000. Flint would like the SEC to understand his firm's position. Which of the following statements is ? a. Flint will need to hire a lawyer to present evidence to the SEC. b. Flint can challenge the rule only after promulgation. c. Flint's challenge must be made in court. d. Flint can simply write to the SEC to voice his concerns. : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 96. Four of the five commissioners for the Federal Trade Commission were working late one evening in their Washington, D.C. offices. The four were catching up on their electronic mail. The four soon discovered each others' presence on electronic mail. One commissioner wrote to the other three, "Let's get some business done so long as we're all here. We could resolve that unfair competition case that's pending for next month. We can iron out our differences via e-mail." The electronic exchanges of the commissioners would: a. be protected because they are internal agency actions. b. violate the Government in the Sunshine Act open meeting laws. c. be considered law enforcement issues and would be protected from open-meeting laws. d. not be a meeting without some staff members present. : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Analysis 97. Which is not a role administrative agencies play? a. rule making b. enforcement c. adjudication d. Administrative agencies play all of the above roles. : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 98. Addison Winchell is the CEO of a printing firm located in Lexington, Kentucky. The state office of environment quality has proposed a rule mandating the use of soy inks and recycled paper by all printers in the state. Winchell says the expense will put him out of business. What can Winchell do? a. Provide comments to the proposed rule. b. Go directly to court with a constitutional challenge. c. Present evidence if a trade group supports him. d. All of the above. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 99. Choose the with the proper order for administrative rulemaking. a. study of the problem, notice of rulemaking, public comment period, promulgation b. study of the problem, public comment period, notice of rulemaking, promulgation c. notice of proposed rulemaking, study of the problem, public comment period, promulgation d. notice of proposed rulemaking, public comment period, study of the problem, promulgation e. notice of proposed rulemaking, consent decree, public comment period, study of the problem, promulgation : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Synthesis 100. What is the difference between formal rulemaking and informal rulemaking? a. Formal requires notice while the latter are simply immaterial changes to rules. b. Formal requires a public comment period and informal rulemaking does not. c. Formal requires public hearings and informal does not. d. Formal requires Government in the Sunshine notices and informal does not. e. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 101. Choose the with the correct order for administrative agency enforcement proceedings. a. charges, consent decree, hearing, appeal b. charges, information gathering, consent decree, fines c. charges, hearing, findings and decision, administrative agency decision, judicial appeal d. charges, hearing, findings and decision, judicial appeal e. charges, hearing, consent decree, judicial appeal : c POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 102. What is the effect of a consent decree? a. The agency's charges are dismissed with no sanctions. b. The party makes no admissions as to conduct. c. There is still judicial appeal from a consent decree. d. It is no longer available under the Regulatory Flexibility Act. e. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 103. Which law simplified rulemaking for businesses? a. Regulatory Flexibility Act b. Freedom of Information Act c. Administrative Procedures Act d. both a and b e. none of the above : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 104. Zero-base budgeting: a. means the Congress has “sunseted” an agency. b. means that an agency does not automatically receive its previous year’s base budget. c. is unconstitutional. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 105. Where could a business find notices of proposed rules? a. The Code of Federal Regulations b. The Federal Register c. industry trade publications d. both b and c : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 106. The FDA had approved a new diet drug for the market. The agency pulled the approval and the drug off the market because a staff member said, “This drug didn’t work for me.” The manufacturer of the drug could challenge the FDA action: a. as arbitrary and capricious. b. on the basis of a failure to follow ADA procedures. c. lack of substantial evidence. d. any of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 107. John Forsyth is the head of the Securities Exchange Commission. There are new rules pending before the SEC that would require lawyers to blow the whistle on their clients. The American Bar Association, which is opposed to the legislation, has just offered Mr. Forsyth’s son a full scholarship to the law school of his choice. a. The in-kind contribution to his son is a violation of the law. b. A scholarship to Mr. Forsyth would be illegal, but not to his son. c. The ABA has not violated any law if there is no connection between the proposed rule and the scholarship. d. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Comprehension 108. Choose the one with the correct ordering of rulemaking functions from among the following: a. enabling statute, comment period, studies of issues, promulgation b. enabling statute, studies of issues, promulgation, comment period c. enabling statute, studies of issues, comment period, promulgation d. None of the above is in correct order. : c POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Synthesis 109. If a company challenges a penalty imposed by an administrative agency, which of the following is the correct order for its appeal? a. ALJ, agency commissioners, judicial challenge b. judicial challenge, ALJ, agency commissioners c. agency commissioners, ALJ, judicial challenge d. None of the above is in the correct order. : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 110. The Federal Maritime Commission approved the charter for an inter-island ferry service in Hawaii but did so without a study of the environmental impact of adding the ferry service. Federal agencies are required to determine environmental impacts of all actions. The airlines that fly between the islands wish to challenge the ferry approval by the Maritime Commission. What grounds could they use? a. arbitrary and capricious b. failure to comply with statutory procedures c. favoritism d. none of the above : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Evaluation 111. The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico. The Department has not followed the 30-day comment rule on the composition and location of the proposed fence. The Department: a. has not complied with the rulemaking requirements and cannot proceed with the fence. b. can allow as short of a comment time as it wants as long as there is notice. c. does not have an enabling statute to allow for a comment period. d. does not need to follow comment periods for building a fence. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 112. Who did President Obama appoint to oversee the spending under the American Reinvestment and Recovery Act? a. Hillary Clinton b. Mike Espy c. Earl Devaney d. Richard Scrushy : c POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Knowledge 113. The FTC has proposed a series of regulations to require disclosure of repair/accident history in the sale of used cars. The Classic Car Club believes that historical vehicles (1960 and earlier) should be exempt from the requirements. What can the club do to voice its concerns? : Send letter during public comment period; appear at public hearings if they are held; voice objections before promulgation. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 114. Why is the Code of Federal Regulations not solely online to save money and time? : Students may want to respond about the history of publishing the regulations, the process of passing regulations including comment periods, the cost (including environmental) of printing each year, and the time delay of publication in print. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Synthesis 115. Benzene is a colorless, aromatic liquid used in manufacturing a variety of products including motor fuels, solvents, detergents, pesticides, and other organic materials. Benzene is a toxic substance and rapid inhalation can be fatal. Exposure has also been shown to lead to various types of nonmalignant diseases such as blood disorders (including leukemia). OSHA passed a regulation limiting maximum benzene exposure for employees. OSHA set a 1 ppm maximum, even though the medical evidence only discussed exposures at 10 ppm and more. The petroleum industry wishes to challenge the regulation. Can they do so? On what basis? : First, they can voice their concerns during the promulgation. Second, they can challenge the regulation in court by establishing that it is arbitrary and capricious or not supported by substantial evidence. An ultra vires challenge is inappropriate since OSHA can clearly regulate industrial hazards. However, the regulation is much more stringent than the level of exposure required for the documented medical effects. See Industrial Union v. American Petroleum, 448 U.S. 607 (1980). POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 116. Given deregulation in several major industries, why has the total amount of regulations still increased virtually every year? : Other areas, such as environmental and occupational safety, have greatly increased in the amount of regulations. These increases combined with other governmental regulations have caused this result. POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Analysis 117. Discuss the Administrative Procedures Act and its amendments and purpose. : Passed in 1946 to establish uniform procedures for rule making. FOIA - Freedom of Information Act - is an amendment that allows individuals to request information from federal agencies. (There are nine exemptions, including trade secret information.) Federal Privacy Act - amendment that limits exchange of information on individuals among agencies - requires notification unless for law enforcement purposes. Government in the Sunshine Act - 1976 amendment often called the open-meeting law; applies to agencies with heads appointed by the president; requires advance public notice before agency heads meet; except for executive session, the meetings are public. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 118. The FTC regulates advertising and has discovered a company advertising a diet pill that, when swallowed, breaks into "thousands of particles, each acting like a tiny magnet" to which fat cells are instantly attracted. The magnets are then eliminated through the digestive system. The FTC has brought a complaint against the company, and the company wants to know what action the FTC can take against it. : The FTC can obtain an injunction to stop the ads from running; the FTC can propose a consent decree in which the company will agree to stop advertising and selling the product; the decree could also include an order for refunds and fines and penalties for the ad. The FTC could also go to court to obtain these remedies if the decree is not signed. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Application 119. Name the three government publications covered under the Federal Register Act. : The Federal Register; the U.S. Government Manual; and the Code of Federal Regulations. POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Laws Governing Administrative Agencies KEYWORDS: Bloom's: Knowledge 120. The FDA has proposed rules that would classify cigarettes as a medical device and thereby severely restrict the types of advertising that could be used. What forms and types of feedback would the tobacco companies have during the rule-making process by the FDA? : The companies could provide the usual forms of input during rulemaking. However, the tobacco companies could (and have) challenged the authority of the FDA to regulate tobacco. The ultra vires challenge to the FDA's authority is ongoing. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 121. Discuss the ways a business could challenge a promulgated agency rule. : By establishing that the rule was ultra vires, by establishing that the rulemaking process was flawed, or by establishing that the rulemaking was arbitrary and capricious. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 122. Describe the roles of administrative agencies. : Provide due process and expertise. Afford faster relief. Accomplish social goals. POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Roles of Administrative Agencies KEYWORDS: Bloom's: Knowledge 123. Discuss what made Earl Devaney such an ethical standout in the federal government. : The may include Mr. Devaney’s work as Inspector General with the Department of Interior (DOI), the reorganization of DOI, and his appointment to oversee the spending under the American Reinvestment and Recovery Act. In general, his commitment to ethical behavior, his unwillingness to accommodate unethical behavior even when that behavior was entrenched, and his willingness to speak out about ethical violations despite personal risk is noteworthy. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: What are Administrative Agencies? KEYWORDS: Bloom's: Comprehension 124. The National Park service withdrew its proposed rules on the use of snowmobiles in national parks. Describe any legal issues that might exist in its withdrawal of the rules. : Just as an agency cannot make rules without studies, public comment and support, it cannot withdraw rules without the same procedural compliance. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 125. What is an ultra vires act? : An ultra vires act is action by an agency that goes beyond its powers. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 126. The Department of Homeland Security has asked the Internal Revenue Service for the tax returns of U.S. citizens who have been identified as having ties to terrorist organizations. The IRS has declined to turn over the tax returns. Discuss the rights of the individuals and the authority of the two agencies. : The exchange of information is prohibited unless the Department of Homeland Security is engaged in law enforcement activity. In this situation, the Department is charged with enforcement of the anti-terrorist laws and it may be able to do so with access to financial information. The IRS need not seek permission from the individuals because of the law enforcement purpose. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: Laws Governing Administrative Agencies Roles of Administrative Agencies KEYWORDS: Bloom's: Analysis Congress passed the Nursing Mothers Law in 2010, a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies. On January 3, 2011, the Department of Labor published proposed rules in the Federal Register. 127. The Nursing Mothers Law: a. is the enabling legislation. b. must be enforced by Congress. c. must first be published in the Federal Register before any rules can be proposed. d. is part of the Government in the Sunshine Act. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Diversity STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 128. Where else would the proposed regulations need to be published? a. The only requirement is that the regulations be published in the Federal Register. b. They must be published in any trade magazine of affected industries. c. They must be published in the Congressional Record. d. They must be published first in the Code of Federal Regulations. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Diversity STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 129. What is the minimum time period for comments that the Department of Labor must allow? a. 180 days b. 120 days c. 60 days d. 30 days : d POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Diversity STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Knowledge 130. Who is allowed to submit comments on the proposed rules? a. Only employers b. Only employers affected by the rules c. Only nursing mothers d. none of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 131. How can comments be submitted? a. By letter b. Only by testimony at a public hearing c. Only by Congressional testimony d. Only through depositions : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application 132. If the Department of Labor decides to change the content and approach of the proposed rules based on feedback, which of the following is correct? a. The Department must return to Congress to get approval for the proposed changes to the original rules. b. The Department must allow 90 days for comments on the proposed changes to the original rules. c. The Department must publicize the proposed changes in the original rules and allow a comment period. d. Because the rules could not be promulgated, Congress can revoke the Nursing Mothers Law. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Functions of Administrative Agencies and Business Interaction KEYWORDS: Bloom's: Application The U.S. Lacey Act prohibits U.S. businesses from importing products from other countries when those products are illegal in that country. For example, when it was originally passed, U.S. hat manufacturers were importing feathers from countries where the harvesting of those resources was illegal. Based on an investigation, the U.S. federal government believed that Gibson Guitar has imported ebony wood from Madagascar, and the harvesting of ebony wood is prohibited in Madagascar. The U.S. Fish & Wildlife Service arrived at Gibson Guitar headquarters and requested access to all of its records. 133. Under federal law, Gibson is: a. Not subject to searches and seizures by a federal regulatory agency, only law enforcement officials. b. Required to allow entry or can demand a search warrant and then must allow entry. c. Not subject to federal law enforcement because the wood is imported from another country. d. Required to allow the search and no warrant is required. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Business Rights in Agency Enforcement Action KEYWORDS: Bloom's: Synthesis 134. What remedies would the U.S. F

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