Ratemaking, and Gathering Information
Score for this quiz: 42 out of 50 *
Question 1
pts
Agency enforcement targets sometimes argue against enforcement on the
ground that their competitors are committing the same violation that they
have been found guilty of, and it is unfair for the agency to single them
out for enforcement without bringing enforcement actions against their
competitors also. The standard that is applied is highly deferential and
challengers rarely prevail. The standard for evaluating such discriminatory
enforcement claims is known as:
• Clear abuse of discretion
Question 2
pts
Due process requires this before an agency can finally impose a penalty:
• Hearing
Question 3
pts
This type of preemption exists when federal law is inconsistent with state
law but does not specifically address preemption
• Implied
Question 4
pts
There are two methods agencies use most often to gather information.
These two methods are inspections and .
• requests for information or documents
, Question 5