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Flashcards in CH 6 Test 1 Deck (69)
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1

administrative agency

government body charged with administering and implementing legislation.

2

administrative law

law governing administrative agencies.

3

Administrative Procedure Act

federal law that establishes the operating rules for administrative agencies.

4

cease-and-desist order

order issued by a court or administrative agency to stop a practice that it decides is improper.

5

consent decrees

informal settlements of enforcement actions brought by agencies.

6

exhaustion-of-administrative remedies

requirement that an agency make its final decision before the parties can go to court.

7

Federal Register Act

federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activities.

8

Federal Register

government publication issued five days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents and classes of documents that the president or Congress direct to be published.

9

Freedom of Information Act

federal law permitting citizens to request documents and records from administrative agencies.

10

informal settlements

negotiated disposition of a matter before an administrative agency, generally without public sanctions.

11

open meeting law

law that requires advance notice of agency meeting and public access.

12

TRUE/FALSE

An administrative agency is a governmental body charged with administering and implementing legislation.

TRUE

13

TRUE/FALSE

Administrative agencies may make the rules, police the community to see the rules are obeyed, and sit in judgment to determine violations of their rules.

TRUE

14

TRUE/FALSE

Because administrative agencies have broad powers, they are subject to strict procedural rules as well as disclosure requirements.

TRUE

15

TRUE/FALSE

The modern administrative agency typically possesses legislative, executive, and judicial powers.

TRUE

16

TRUE/FALSE

The Freedom of Information Act provides access to any information upon request.

FALSE

17

TRUE/FALSE

The public has access to the activity of administrative agencies in three ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines

TRUE

18

TRUE/FALSE

The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

TRUE

19

TRUE/FALSE

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

TRUE

20

TRUE/FALSE

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

FALSE

21

TRUE/FALSE

Until proven valid, a rule adopted by an administrative agency is considered invalid by the courts.

FALSE

22

TRUE/FALSE

The authority of an agency is limited to the technology in existence at the time the agency was created.

FALSE

23

TRUE/FALSE

Modern administrators cannot make laws, but they can argue persuasively before Congress for the passage of needed legislation.

FALSE

24

TRUE/FALSE

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

FALSE

25

TRUE/FALSE

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

TRUE

26

TRUE/FALSE

Regulations properly adopted by agencies are important, but they do not have the full force of law as do statutes.

FALSE

27

TRUE/FALSE

The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.

FALSE

28

TRUE/FALSE

An administrative agency has the power to investigate, to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law.

TRUE

29

TRUE/FALSE

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

FALSE

30

TRUE/FALSE

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

FALSE