Exam 5: Administrative Law

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities. These statutes include:

The technical common law rules governing admissibility of evidence are used by most administrative agencies during hearings.

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Which of the following is characteristic of an executive administrative agency?

(a) What is the purpose of the Freedom of Information Act? (b) To what categories of records does the FOIA allow denial of access?

Discuss the role of judicial review in relation to administrative agencies.

Which of the following statements is true regarding administrative law judges?

The president has significant control over administrative agencies housed within the executive branch by virtue of the power to:

Formal rulemaking differs from informal rulemaking in that with formal rulemaking:

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

In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does not:

Only documentary evidence may be admitted at an administrative hearing.

In 1990, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use alternative dispute resolution.

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

The APA's requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the rule's basis and purpose are the requirements for issuance of rules in accordance with:

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

How are ALJs selected?

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.