Exam 17: Administrative Law

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

Congress has no power to remove an agency head.

Where does the president get authority to exercise power over administrative agencies?

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

Administrative agencies at the state level do not issue licenses.

The ________ Act is the main federal statute that is a source of administrative law.

Courts are highly critical of agency decisions involving how and when an agency enforces a regulation.

The Supreme Court established the standard for lower courts when applying the arbitrary and capricious standard in which case?

What are the four primary functions of administrative agencies?

A group of adversely affected parties want to challenge an agency rule in federal court.What is the process that the judge will use to make his or her decision?

Administrative agencies exercise their policymaking function through _____.

Records of agency personnel matters are open to the public under the Freedom of Information Act.

Describe the state of administrative law at the state level.What are some examples of parallel agencies?

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

When is formal agency rulemaking used?

How does an agency regulate through licensing?

Agencies are frequently charged by Congress to study potential solutions to a problem and then exercise legislative function by creating legally enforceable rules.

The rule making requirement that an agency does not need to publish revised rules for comment unless they are radically different from the original is known as:

Some agencies monitor compliance with regulations by conducting ________ of a business.

In American Medical Association v.United States Internal Revenue Service the IRS had proposed a rule that made changes to the way the allocation of dues and memberships were taxed using a seven factor test.After the comment period the IRS revised the rule to a three factor test that was published as final.The AMA claimed that the rule was invalid because there had been no comment period for the revision.The court held that: