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Exam 20: Administrative Law

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Question 41

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An agency must conduct a regulatory flexibility analysis whenever a new regulation will significantly impact a substantial number of small businesses.

A) True
B) False

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Question 42

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Courts cannot challenge an agency action that is found to be an abuse of discretion.

A) True
B) False

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Question 43

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Interested parties are not given the opportunity to express their views on a proposed rule because their efforts might influence agency policy.

There is no single federal office directed to receive comments from small businesses about their dealings with federal agencies.

Because the Administrative Procedure Act imposes requirements that all federal agencies must follow,it is an integral part of the administrative process.

The purpose of negotiated settlements in disputes over administrative actions is to obtain funds to defray the agency's operating costs.

An informal agency action can be important because it warns regulated entities that the agency may engage in formal rulemaking if its informal policy is ignored.

Information is relevant to an administrative investigation if it assures the agency that the law is not being violated.

After final rules are issued,administrative agencies no longer conduct investigations of the entities that they regulate.

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc.has violated an EPA regulation.If no settlement is reached,the EPA can

Guitar Maker,Inc. ,makes guitars.The Occupational Safety and Health Administration (OSHA)proposes a safety rule governing the handling of wood and its dust in the workplace,including the woods that Guitar Maker uses in its operations.Guitar Maker contends that the rule will involve substantial compliance costs without significantly increasing workplace safety.The firm 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?

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration,which is a federal agency.These regulations are part of the body of