Section I. Short Answer. (Max. 20 Points) This Section consists of ten (10) questions based largely on the assigned reading in the eText and requires a correct response for each. Students may earn two (2) points for each correct response for a maximum of twenty (20) points for this Section. 1. A legislature may create an administrative agency and delegate its authority to regulate particular industries or areas of the law to an agency with greater experience or expertise through the passage of a statute known as an _______________ Act. 2. In the event that a regulation is not lawfully authorized by an enabling statute, anyone affected by the regulation may successfully challenge that regulation on the basis that the agency ________________. 3. The primary purpose of the _______________ Act is to subject administrative agency action to public scrutiny. 4. Administrative agencies are typically given great deference and broad _____________ in making their decisions on whether to regulate certain issues and in how they interpret their own regulations. 5. When an administrative agency proposes a regulation, federal law requires the publication of the proposed administrative regulation in the _________________________. This publication constitutes constructive notice to the public of the proposed regulation and allows for public comment on the proposed regulation by interested businesses and parties. 6. Administrative agencies are required to honor the constitutional rights of individuals and businesses but lesser protection is afforded to business records since the records custodian of a business or corporation is not entitled to invoke the privilege against self-incrimination for records required by law to be maintained. 7. Administrative agency actions are presumed to be ______________________ and, as a result, a person or business seeking the reversal of an agency action has the burden of proving a valid ground for reversal of the agencys action. 8. Because of the requirement of ___________________________, a party aggrieved by an agency enforcement action may not appeal the agencys decision to the Courts unless the agency issues a final decision on the matter.

9. In the case of Hornbeck Offshore Services, LLC v. Salazar, summarized in your eText, the Plaintiffs successfully challenged the agencys 6-month moratorium on proposed drilling in the Gulf of Mexico on the grounds that the agency action was _________________________. 10. In the case of F.C.C. v. Fox Television Stations, in your eText, Fox and ABC successfully asserted a First Amendment challenge to the FCC fines imposed for allegedly obscene programming because the obscenity standards used by the agency were ________________________.