Exam 5: Administrative Law

Congress enacted the Administrative Procedure Act in 1946.

All agency decisions must include a statement of findings of fact and conclusions of law.

Agencies must submit newly adopted rules to Congress, and a major rule does not become final until Congress has the opportunity to disapprove it.

In 1995, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes.

Administrative agencies create more legal rules and adjudicate more controversies than all the legislatures and courts combined.

Which of the following is not covered by the Government in the Sunshine Act?

Compare the adjudication process in an administrative hearing to the judicial process. What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Hybrid rulemaking is more formal than procedures the agency uses in informal rulemaking.

If a decision of an ALJ is appealed, the governing body of the agency may decide the case de novo.

Administrative agencies could include commissions, boards, bureaus, or departments but not government corporations or offices.

Rulemaking powers of federal agencies are primarily governed by the:

In general, procedural rules are exempt from the notice and comment requirements of the APA.

To what do the letters ALJ refer?

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same legislation.

Emily would like to become an administrative law judge. How should she go about exploring this employment option?

Notice of a proposed rule may be given by publication in the Federal Register.

In carrying out their enforcement function, agencies traditionally have been accorded little discretion to compel the disclosure of information.

The SEC would like to adopt some new rules to protect investors. What factors should it consider as part of the administrative process?

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain. The company wants to appeal the decision. Which of the following is correct regarding the appeal of the case?

After a FOIA request has been made, an agency has to indicate whether it intends to comply.