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

448TEST BANK BUNIT NINE: GOVERNMENT REGULATION
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 Veritys consent nor a
subpoena.
c. Veritys consent only.
d. Veritys 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 BUNIT 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 Kims 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 Congresss 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?
448TEST BANK BUNIT NINE: GOVERNMENT REGULATIONB10. The U.S. Patent and Trademark
Office (USPTO) wants to review certainrecords of Verity Corporation. The
USPTO can gain access to the recordsthrougha. a subpoena only.b. neither Veritys consent nor a
subpoena.c. Veritys consent only.d. Veritys consent or a subpoena. B11. Caleb is a witness in a
controversy involving the U.S. Drug EnforcementAdministration. Caleb can be
compelled to appear before an administrativelaw judge if he is served witha. 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 theSocial Security Administration.
Most likely, Nursing Home Care will berequired to appear at a hearing
presided over bya. 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 otheradministrative agencies, includea. adjudication.c. declaration.b. enunciation.d. pronunciation.CHAPTER 43: ADMINISTRATIVE LAW449B14. The U.S. Mine Safety
Administration conducts searches of certainbusinesses. This agency and other
administrative agencies can conductwarrantless searches ina. all industries.b. highly regulated industries.c. no industries.d. newly regulated industries
only.B15. The Federal Emergency
Management Agency (FEMA) discovers thatGoodnuff Trailers, Inc., is
violating a FEMA regulation. If this situationis resolved like most such
disputes, the outcome will bea. 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 anadministrative law judge of the
National Labor Relations Board. Asignificant difference between a trial
and an administrative hearing isthata. attorneys are not allowed to
attend administrative hearings.b. clients are not allowed to
communicate with their attorneys duringadministrative hearings.c. hearsay can be introduced as
evidence in an administrativehearing.d. the burden of proof is on the
charged party to prove innocence.450TEST BANK BUNIT NINE: GOVERNMENT REGULATIONB17. Plastix Produx Company is
subject to a decision by the ConsumerProduct Safety Commission. Opposed
to the decision, Plastix Produxwants a court to review it. First,
however, the firm must use all of thepotential administrative remedies.
This isa. 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 businesspersonsunder the Freedom of Information
Act. To obtain the information, Jaymusta. agree not to reveal any trade
secrets.b. describe the information.c. get a court order.d. have Kims and the others permission.B19. A failure of the Federal
Bureau of Investigation to comply with a requestunder the Freedom of Information
Act (FOIA) may be challenged ina. a federal district court.b. a hearing before the U.S.
Freedom of Information Agency.c. a meeting with Congresss FOIA
subcommittee.d. a special conference with the
president of the United States.B20. Closed meetings of the Office
of Community Planning and Developmentand other federal administrative
agencies are permitted whena. the subject of the meeting
concerns accusing a person of a crime.b. open meetings would frustrate
the implementation of futureagency actions.c. the subject of the meeting
involves matters relating to future litigationor rulemaking.d. all of the choices.ANSWER: D CHAPTER 43: ADMINISTRATIVE LAW451ESSAY QUESTIONSB1. Power-Plus Battery Company
(PPBC) makes batteries for motor vehicles.The Occupational Safety and Health
Administration (OSHA) proposes asafety rule governing the handling
of acids in the workplace, includingchemicals PPBC uses in its
operations. PPBC concludes that the rulewill involve substantial
compliance costs without significantlyincreasing workplace safety. PPBC
sends a letter to OSHA indicating itsobjections to the proposed rule
and enclosing research reports and otherdata supporting those objections.
Does OSHA have any obligation toconsider these objections? What
procedures must OSHA follow when itmakes new rules, such as this one?it in theFederal Register. Later, the rule is compiled with
thoserules of other federal agencies in
theCode of
Federal Regulations.B2. Omega Company operates a
computer chip production plant. Paula is thepresident of Omega. Ron, a
representative of the Occupational Safetyand Health Administration,
inspects the plant and, citing a certainregulation, orders Omega to take
specified steps immediately to improvesanitation at the plant. Paula
believes that Ron is either exceeding hisauthority 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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