Question 1

In addition to civil and criminal penalties, agencies may seek injunctions to stop a person or business from engaging in behavior that violates a particular statute.

Accepted Answer

This statement is true. Injunctions are a common remedy sought by agencies to prevent ongoing violations of laws or regulations.

Question 2

The administrator of an agency may have authority to issue subpoenas to employees to search for evidence of wrongdoing by firms under their regulatory control.

Accepted Answer

Administrators of regulatory agencies often have the power to issue administrative subpoenas to employees to investigate potential wrongdoing by the firms under their jurisdiction. This is a common tool used to gather evidence in regulatory investigations.

Question 3

In Chevron v. NRDC the Supreme Court held that court of appeals was correct that the EPA had taken too much power to itself by allowing a "bubble" concept for air pollution regulation at major stationary sources in violation of the desire of Congress.

Accepted Answer

In Chevron v. NRDC, the Supreme Court held that the EPA's interpretation of the Clean Air Act, which allowed for the "bubble" concept in regulating air pollution at major stationary sources, was a permissible construction of the statute. The Court established the Chevron deference principle, which gives federal agencies discretion in interpreting statutes they administer if the statute is ambiguous and the agency's interpretation is reasonable.

Question 4

Agencies may obtain subpoenas, allowing them to inspect regulated facilities, only by a showing to a federal judge or magistrate of suspected violations.

Accepted Answer

Agencies often have the authority to issue subpoenas or conduct inspections under administrative law without needing a prior showing of suspected violations to a judge or magistrate, as part of their regulatory oversight functions.

Question 5

Businesses do not have to comply with subpoenas from regulatory agencies, they must come from a U.S. Attorney to be fully enforceable.

Accepted Answer

Businesses are required to comply with subpoenas from regulatory agencies regardless of whether they come from a U.S. Attorney or not. Failure to comply can result in penalties and even legal action.

Question 6

Businesses subject to regulation can be made to report to the regulatory agency on a routine basis, including any violations of the law they commit.

Accepted Answer

This is true. Regulatory agencies often require businesses to submit regular reports and may also require them to report any violations or incidents of non-compliance with the law.

Question 7

A business that volunteers information that it has violated a regulatory standard may be punished for that violation.

Accepted Answer

This is because, in some cases, self-reporting a violation may not completely absolve a business of liability, and regulatory agencies may still choose to impose penalties or fines. However, in other cases, self-reporting and cooperation with regulatory agencies may result in reduced or mitigated penalties.

Question 8

Only civil penalties may be imposed on violators of regulations imposed by administrative agencies.

Accepted Answer

Administrative agencies can impose both civil and criminal penalties, depending on the violation and the specific powers granted to the agency by law.

Question 9

Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals.

Accepted Answer

This is true as the U.S. Court of Appeals is typically the first level of appeal for challenges to regulatory agency rulemaking.

Question 10

In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because business property is not protected by the 4th Amendment, unlike personal property.

Accepted Answer

The Supreme Court ruled in Dow Chemical Co. v. United States that the EPA's aerial photography of Dow's plant did not constitute an unconstitutional search, but the rationale was not that business property is not protected by the 4th Amendment. Instead, the Court found that the open areas of the complex were akin to an open field and did not provide the expectation of privacy that triggers Fourth Amendment protection.

Question 11

If necessary, a federal agency would be allowed to order the destruction of the property of a business in violation of a regulation.

Accepted Answer

In certain cases, if a business is repeatedly violating regulations and putting public safety at risk, a federal agency may order the destruction of their property as a last resort. This power is granted under the law in order to ensure compliance and protect public health and safety.

Question 12

Agency inspections by direct observation of a business and its activities always require a search warrant.

Accepted Answer

Agency inspections by direct observation of a business and its activities may not always require a search warrant. Exceptions include situations where there is consent from the owner or there is an imminent threat to public safety.

Question 13

Businesses do not have to provide confidential information to a government agency in administrative law matters.

Accepted Answer

In some administrative law matters, businesses may be required to provide confidential information to government agencies in order to comply with certain regulations or to address legal disputes. However, there are also rules and procedures in place to protect the confidentiality of sensitive information.

Question 14

The Supreme Court has ruled that agencies have the right to control all aspects of material posted on the Internet.

Accepted Answer

The Supreme Court has not ruled on this issue, so agencies do not have unlimited control over all aspects of material posted on the internet. However, there may be specific laws and regulations that allow for some degree of control.

Question 15

Once a business is subject to a regulation, an agency does not need a subpoena to obtain records relevant to following the regulation.

Accepted Answer

The answer of Once a business is subject to a...

Question 16

In addition to civil and criminal penalties, agencies are generally given authority to impose other types of special sanctions, such as seizing company property.

Accepted Answer

This statement is true. Agencies may have the authority to impose special sanctions beyond civil and criminal penalties, such as seizing property owned by the company involved in the violation.

Question 17

In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs in search of evidence of violations of the law.

Accepted Answer

The statement accurately describes the ruling in Dow Chemical Co. v. U.S. by the Supreme Court. The EPA's use of aerial photography to monitor compliance with environmental laws was deemed not to violate the Fourth Amendment's prohibition against unreasonable searches and seizures.

Question 18

The Supreme Court has ruled that agencies do not need search warrants to inspect business property.

Accepted Answer

The Supreme Court has generally held that administrative inspections of business property do require a warrant, although the standards for obtaining such a warrant may be less stringent than those for criminal searches.

Question 19

In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because the property could be observed by anyone from the air.

Accepted Answer

The statement correctly summarizes the ruling of the Supreme Court in Dow Chemical Co. v. U.S. The Court concluded that the use of aerial photography did not involve a search within the meaning of the Fourth Amendment because the property was not hidden from public view and could have been observed by anyone flying over it. Therefore, the EPA did not violate Dow's constitutional rights by taking photographs from the air without a warrant.

Question 20

As a result of the Supreme Court case Dow Chemical v. U.S., administrative agencies are required to obtain a search warrant before they conducted observations.

Accepted Answer

The Supreme Court case Dow Chemical v. U.S. did not establish a requirement for administrative agencies to obtain a search warrant before conducting observations.

Quiz 17: The Regulatory Process