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UNIT NINE: GOVERNMENT REGULATION

448TEST BANK B—UNIT NINE: GOVERNMENT REGULATION

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B10. The U.S. Patent and Trademark Office (USPTO) wants to review certain

records of Verity Corporation. The USPTO can gain access to the records

through

a. a subpoena only.

b. neither Verity’s consent nor a subpoena.

c. Verity’s consent only.

d. Verity’s consent or a subpoena.

B11. Caleb is a witness in a controversy involving the U.S. Drug Enforcement

Administration. Caleb can be compelled to appear before an administrative

law judge if he is served with

a. an order for specific performance.

b. a rule for parol evidence.

c. a subpoenaad testificandum.

d. a subpoenaduces tecum.

B12. Nursing Home Care Company is charged with violating a rule of the

Social Security Administration. Most likely, Nursing Home Care will be

required to appear at a hearing presided over by

a. a federal appellate court judge.

b. a federal district court judge.

c. an administrative law judge.

d. a U.S Marshal.

B13. The functions of the Social Security Administration, like those of other

administrative agencies, include

a. adjudication.

c. declaration.

b. enunciation.

d. pronunciation.

CHAPTER 43: ADMINISTRATIVE LAW449

B14. The U.S. Mine Safety Administration conducts searches of certain

businesses. This agency and other administrative agencies can conduct

warrantless searches in

a. all industries.

b. highly regulated industries.

c. no industries.

d. newly regulated industries only.

B15. The Federal Emergency Management Agency (FEMA) discovers that

Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation

is resolved like most such disputes, the outcome will be

a. a negotiated settlement.

b. a trial and a fine.

c. a trial and an appeal to a higher authority.

d. a trial and the dissolution of the business.

B16. Labor Recruiters, Inc., has been ordered to appear at a hearing before an

administrative law judge of the National Labor Relations Board. A

significant difference between a trial and an administrative hearing is

that

a. attorneys are not allowed to attend administrative hearings.

b. clients are not allowed to communicate with their attorneys during

administrative hearings.

c. hearsay can be introduced as evidence in an administrative

hearing.

d. the burden of proof is on the charged party to prove innocence.

450TEST BANK B—UNIT NINE: GOVERNMENT REGULATION

B17. Plastix Produx Company is subject to a decision by the Consumer

Product Safety Commission. Opposed to the decision, Plastix Produx

wants a court to review it. First, however, the firm must use all of the

potential administrative remedies. This is

a. an actual controversy at issue.

b. standing to sue.

c. the exhaustion doctrine.

d. the ripeness doctrine.

B18. Jay seeks information about Kim and other well-known businesspersons

under the Freedom of Information Act. To obtain the information, Jay

must

a. agree not to reveal any trade secrets.

b. describe the information.

c. get a court order.

d. have Kim’s and the others’ permission.

B19. A failure of the Federal Bureau of Investigation to comply with a request

under the Freedom of Information Act (FOIA) may be challenged in

a. a federal district court.

b. a hearing before the U.S. Freedom of Information Agency.

c. a meeting with Congress’s FOIA subcommittee.

d. a special conference with the president of the United States.

B20. Closed meetings of the Office of Community Planning and Development

and other federal administrative agencies are permitted when

a. the subject of the meeting concerns accusing a person of a crime.

b. open meetings would frustrate the implementation of future

agency actions.

c. the subject of the meeting involves matters relating to future litigation

or rulemaking.

d. all of the choices.

ANSWER: D

CHAPTER 43: ADMINISTRATIVE LAW451

ESSAY QUESTIONS

B1. Power-Plus Battery Company (PPBC) makes batteries for motor vehicles.

The Occupational Safety and Health Administration (OSHA) proposes a

safety rule governing the handling of acids in the workplace, including

chemicals PPBC uses in its operations. PPBC concludes that the rule

will involve substantial compliance costs without significantly

increasing workplace safety. PPBC sends a letter to OSHA indicating its

objections to the proposed rule and enclosing research reports and other

data supporting those objections. Does OSHA have any obligation to

consider these objections? What procedures must OSHA follow when it

makes new rules, such as this one?

it in theFederal Register. Later, the rule is compiled with those

rules of other federal agencies in theCode of Federal Regulations.

B2. Omega Company operates a computer chip production plant. Paula is the

president of Omega. Ron, a representative of the Occupational Safety

and Health Administration, inspects the plant and, citing a certain

regulation, orders Omega to take specified steps immediately to improve

sanitation at the plant. Paula believes that Ron is either exceeding his

authority or that the regulation Ron claims to be enforcing is excessive.

Can Omega ask a court for an order to stop enforcement of the regulation?

If not, what can Omega do?

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