Question: 1 . Select the three powers that agencies have. a . civil b . rule making c . adjudication d . criminal arrests e .

1. Select the three powers that agencies have.
a. civil
b. rule making
c. adjudication
d. criminal arrests
e. enforcement
f. simplification
2. The major function of today's federal agencies is adjudication.
a. True
b. False
3. An administrative rule is a statement of general or particular
Select
and
Select
effect designed to implement,
Select
, or prescribe law and policy.
4. Many rules must be adopted using the notice-and-comment rulemaking procedure, which includes giving
Select
the proposed rulemaking, allowing for a period of time for
Select
from the public, and the issuance of the
Select
rule.
5. When an agency formally creates a new rule, the first step is to:
a. solicit public comment
b. publish a notice in at least 200 local newspapers
c. issue a subpoena for information
d. publish a notice in the Federal Register
6. When an agency publishes notice of proposed rulemaking, the notice must include the subject of the proposed rule, the date and time of the proceedings, and the authority for passing the rule.
a. True
b. False
7. During the comment period of the rulemaking process, the
Select
is allowed to express opinions or views about a proposed rule. These comments may be in writing or
Select
if a hearing is held.
8. An agency must respond to every comment that is made.
a. True
b. False
9. Any changes to a proposed rule require an additional public-comment period.
a. True
b. False
10. If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule
Select
binding.
11. To determine whether an agency is abusing its discretion in pursuing information, a court may consider the
Select
of the investigation, the
Select
of the information being sought, the
Select
of the demand for documents, and the
Select
of the demand on the party.
12. Select three situations when an agency can perform a warrantless search.
a. emergency situations
b. highly regulated industries
c. certain types of hazardous operations
d. exporting businesses
e. personal services
f. internet businesses
13. One important difference between formal litigation and an administrative hearing before an administrative law judge (ALJ) is that:
a. the ALJ typically is not an agency employee.
b. less information is admitted during an administrative hearing.
c. an ALJ can admit hearsay in the hearing.
d. an administrative proceeding is usually more formal than litigation.
14. At the conclusion of a hearing, the ALJ issues a(n)
Select
order. If no one objects, this becomes the
Select
order.

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