Exam 18: Administrative Law

Mike believes that his neighbor Stephanie has been dumping sewage on her property. After the Environmental Protection Agency conducts its investigation, Mike is permitted, under the Sunshine Act, to attend the meeting called to discuss the results of the investigation.

Substantial modifications to proposed rules may be published without going through the entire rulemaking process again.

What step comes directly prior to public comment in the rulemaking process?

Most of the common law that regulated administrative law has been codified in the Administrative Procedures Act.

Final effective ________ are published in the Code of Federal Regulations.

Congress has no power to remove an agency head.

Informal rulemaking is not permitted under the Administrative Procedures Act.

A heightened standard of judicial review called the ________ test is used when the formal rulemaking process is required by the enabling statute.

How do citizen suits work in the context of administrative law?

Administrative agencies at the state level do not issue licenses.

The SEC's issuing of licenses to individuals to trade stocks is not an agency function because it is regulating individuals and not businesses.

Once public debate and comment are concluded, an agency will publish the final rule and its effective date in the:

Which of the following is not an administrative agency function?

The substantial evidence test is applied by the courts to determine whether or not the agency's actions were lawful with regard to investigations and licensing.

What is the logical-outgrowth test?

Who hears an appeal of an administrative law judge's ruling?

Describe the probable cause standard used for administrative warrants.

Once a business is licensed, an agency may fine it for any violation of agency regulations.

Publishing a new rule in the Federal Register is the first step in the rulemaking process after research and study are performed.

Administrative agencies exercise their policymaking function through _____.