Question 1

If Marlink is wanting to know how an agency will interpret a specific rule, she should look to which of the following?

Accepted Answer

A)  Regulator rules 
B)  Purpose statements 
C)  Interpretive rules 
D)  Procedural rules 
E)  Application statement 
A)  Regulator rules 
B)  Purpose statements 
C)  Interpretive rules 
D)  Procedural rules 
E)  Application statement C

Question 2

What are the two classifications of agencies?

Accepted Answer

A)  Judicial; federal 
B)  Independent; federal 
C)  Judicial; independent 
D)  Executive; independent 
E)  Judicial; executive 
A)  Judicial; federal 
B)  Independent; federal 
C)  Judicial; independent 
D)  Executive; independent 
E)  Judicial; executive D

Question 3

The ________ includes the date on which a rule enacted to informal rule making becomes effective, which must be at least 30 days after publication.

Accepted Answer

A)  Code of Regulations 
B)  Agency Procedures 
C)  Federal Register 
D)  Constitution 
E)  Administrative Procedures Supplement 
A)  Code of Regulations 
B)  Agency Procedures 
C)  Federal Register 
D)  Constitution 
E)  Administrative Procedures Supplement C

Question 4

________ is a federal executive agency located within the Department of Transportation.

Accepted Answer

A)  The Food and Drug Administration 
B)  The Federal Trade Commission 
C)  The Securities and Exchange Commission 
D)  The Federal Communications Commission 
E)  The Federal Aviation Agency 
A)  The Food and Drug Administration 
B)  The Federal Trade Commission 
C)  The Securities and Exchange Commission 
D)  The Federal Communications Commission 
E)  The Federal Aviation Agency

Question 5

When must an agency respond to comments it receives regarding a proposed rule?

Accepted Answer

A)  When the comment concerns public policy. 
B)  When the comment concerns the constitutionality of the proposed rule. 
C)  When the comment is by an elected official. 
D)  When the comment significantly concern the proposed rule. 
E)  An agency never has to respond to comments. 
A)  When the comment concerns public policy. 
B)  When the comment concerns the constitutionality of the proposed rule. 
C)  When the comment is by an elected official. 
D)  When the comment significantly concern the proposed rule. 
E)  An agency never has to respond to comments.

Question 6

Executive agencies are generally located within the executive branch, under one of the ________ and are referred to as cabinet-level agencies.

Accepted Answer

A)  judicial departments 
B)  adjudicative departments 
C)  cabinet-level departments 
D)  presidential cabinet agencies 
E)  presidential agenda departments 
A)  judicial departments 
B)  adjudicative departments 
C)  cabinet-level departments 
D)  presidential cabinet agencies 
E)  presidential agenda departments

Question 7

The Interstate Commerce Commission was created by Congress as a means to better control the anticompetitive conduct of railroads.

Accepted Answer

A) True 
 B)False

Question 8

When a case is on judicial review, which of the following can a reviewing court not consider?

Accepted Answer

A)  The facts of the case 
B)  The agency's interpretation of the rule 
C)  The agency's ultimate decision 
D)  The scope of the agency's authority 
E)  The qualifications of the ALJ 
A)  The facts of the case 
B)  The agency's interpretation of the rule 
C)  The agency's ultimate decision 
D)  The scope of the agency's authority 
E)  The qualifications of the ALJ

Question 9

Why is informal rule making used more often than other methods?

Accepted Answer

A)  It is efficient for the agency in terms of time and cost. 
B)  It creates a more transparent system. 
C)  It cannot be challenged. 
D)  It requires a formal public hearing. 
E)  It requires a formal record. 
A)  It is efficient for the agency in terms of time and cost. 
B)  It creates a more transparent system. 
C)  It cannot be challenged. 
D)  It requires a formal public hearing. 
E)  It requires a formal record.

Question 10

Regarding federal independent agencies, which of the following is false?

Accepted Answer

A)  Independent agencies are governed by a board of commissioners. 
B)  The president appoints the commissioners of independent agencies with the advice and consent of the Senate. 
C)  The commissioners may be removed at the discretion of the president. 
D)  No more than a simple majority of an independent agency can be members of any single political party. 
E)  The agencies are generally not located within any department. 
A)  Independent agencies are governed by a board of commissioners. 
B)  The president appoints the commissioners of independent agencies with the advice and consent of the Senate. 
C)  The commissioners may be removed at the discretion of the president. 
D)  No more than a simple majority of an independent agency can be members of any single political party. 
E)  The agencies are generally not located within any department.

Question 11

Which of the following is involved when an agency is referred to as a "captured" agency?

Accepted Answer

A)  A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency. 
B)  A belief that agency officials are unduly influenced by their political party. 
C)  A belief that agency officials are unduly influenced by politicians in the state in which the agency is located. 
D)  A belief that agency officials are unduly influenced by politicians in states most affected by the regulations issued by the agency. 
E)  A belief that agency officials are unduly influenced by the desires of Congress. 
A)  A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency. 
B)  A belief that agency officials are unduly influenced by their political party. 
C)  A belief that agency officials are unduly influenced by politicians in the state in which the agency is located. 
D)  A belief that agency officials are unduly influenced by politicians in states most affected by the regulations issued by the agency. 
E)  A belief that agency officials are unduly influenced by the desires of Congress.

Question 12

Administrative agencies are located at the federal level only.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following types of rules are rules regarding the internal operations of an agency?

Accepted Answer

A)  Procedural 
B)  Executive 
C)  Internal 
D)  Adjudicative 
E)  Possession 
A)  Procedural 
B)  Executive 
C)  Internal 
D)  Adjudicative 
E)  Possession

Question 14

What do the initials ALJ represent in the administrative law arena?

Accepted Answer

A)  Administrative Legal Journal 
B)  Agency Legal Jargon 
C)  Administrative Law Judge 
D)  Agency Legal Judge 
E)  Agency Law Jurisprudence 
A)  Administrative Legal Journal 
B)  Agency Legal Jargon 
C)  Administrative Law Judge 
D)  Agency Legal Judge 
E)  Agency Law Jurisprudence

Question 15

[License Challenge] Talia was licensed by her state to train massage therapists. The state-licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. While driving home late one night from a party, Talia was stopped by police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the conviction, the officials of the agency met, decided that Talia might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Talia threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Talia's state is identical to the federal system.
-Regarding the statement of the agency that Talia had no right to appeal to court, which statement is true?

Accepted Answer

A)  The agency representative was wrong; and if Talia cannot resolve the issue within the agency, she may appeal to court for judicial review. 
B)  Because the agency was set up to protect the safety of the public, the agency representative is correct unless Talia can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court. 
C)  Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court. 
D)  Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court. 
E)  Because the agency was set up to protect the safety of the public, the agency representative is correct; and Talia has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights. 
A)  The agency representative was wrong; and if Talia cannot resolve the issue within the agency, she may appeal to court for judicial review. 
B)  Because the agency was set up to protect the safety of the public, the agency representative is correct unless Talia can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court. 
C)  Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court. 
D)  Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court. 
E)  Because the agency was set up to protect the safety of the public, the agency representative is correct; and Talia has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

Question 16

Set forth the stages of hybrid rule making.

Accepted Answer

The steps of hybrid rule making are as f

Question 17

Which of the following would be rules that explain how an agency views the meaning of statutes?

Accepted Answer

A)  Substantive 
B)  Legislative 
C)  Analytical 
D)  Interpretive 
E)  Executive 
A)  Substantive 
B)  Legislative 
C)  Analytical 
D)  Interpretive 
E)  Executive

Question 18

Under the federal Privacy Act of 1974, a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Accepted Answer

A) True 
 B)False

Question 19

After publication what would be the next step in obtaining enactment of the rules?

Accepted Answer

A)  A vote in Congress 
B)  Approval by the president through an executive order 
C)  A public hearing 
D)  Opportunity for all interested parties to submit written comments 
E)  A hearing before an administrative law judge 
A)  A vote in Congress 
B)  Approval by the president through an executive order 
C)  A public hearing 
D)  Opportunity for all interested parties to submit written comments 
E)  A hearing before an administrative law judge

Question 20

Which agency was the first administrative agency created by Congress in the U.S. designed to help combat the anti-competitive nature of the railroads?

Accepted Answer

A)  Interstate Commerce Commission. 
B)  Environmental Protection Agency 
C)  National Labor Relations Agency 
D)  Railroad Commission Agency 
E)  Workers Commission 
A)  Interstate Commerce Commission. 
B)  Environmental Protection Agency 
C)  National Labor Relations Agency 
D)  Railroad Commission Agency 
E)  Workers Commission

Exam 44: Administrative Law

If Marlink is wanting to know how an agency will interpret a specific rule, she should look to which of the following?

What are the two classifications of agencies?

The ________ includes the date on which a rule enacted to informal rule making becomes effective, which must be at least 30 days after publication.

________ is a federal executive agency located within the Department of Transportation.

When must an agency respond to comments it receives regarding a proposed rule?

Executive agencies are generally located within the executive branch, under one of the ________ and are referred to as cabinet-level agencies.

The Interstate Commerce Commission was created by Congress as a means to better control the anticompetitive conduct of railroads.

When a case is on judicial review, which of the following can a reviewing court not consider?

Why is informal rule making used more often than other methods?

Regarding federal independent agencies, which of the following is false?

Which of the following is involved when an agency is referred to as a "captured" agency?

Administrative agencies are located at the federal level only.

Which of the following types of rules are rules regarding the internal operations of an agency?

What do the initials ALJ represent in the administrative law arena?

Set forth the stages of hybrid rule making.

Which of the following would be rules that explain how an agency views the meaning of statutes?

Under the federal Privacy Act of 1974, a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

After publication what would be the next step in obtaining enactment of the rules?

Which agency was the first administrative agency created by Congress in the U.S. designed to help combat the anti-competitive nature of the railroads?

An Introduction to Dynamic Business Law

Business Ethics

The Us Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters