Deck 5: Administrative Law

Question 1

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.
District Court.

Answer 1

False

Question 2

Congress appoints and removes the chief administrators of federal administrative agencies.

Answer 2

False

Question 3

Administrative agencies must, within one year of their creation, make records available by electronic means.

Answer 3

True

Question 4

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Question 5

After investigating a violation, an administrative agency must always use formal procedures to resolve the matter.

Question 6

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

Question 7

Administrative hearings are held before a jury, just as are court hearings.

Question 8

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Question 9

Only the federal government creates administrative law.

Question 10

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

Question 11

An administrative agency is created when Congress enacts an enabling statute that delegates to the agency the power to issue rules, regulations, and guidelines to carry out its statutory mandate.

Question 12

A statute may preclude judicial review of an agency action.

Question 13

Only documentary evidence may be admitted at an administrative hearing.

Question 14

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

Question 15

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Question 16

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

Question 17

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

Question 18

Administrative law is the branch of private law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.

Question 19

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

Question 20

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

Question 21

An agency can charge for providing records to a person requesting access to its files.

Question 22

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Question 23

The rules of evidence apply to an administrative hearing just as they do to a jury trial in the U.S.District Court.

Question 24

Only records specifically exempted from disclosure by statute are exempt from FOIA.

Question 25

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

Question 26

All administrative agency decisions must include a statement of the appropriate rule, order, sanction, or relief.

Question 27

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations?

A)The unwarranted by the facts standard.
B)The substantial evidence test.
C)The arbitrary and capricious test.
D)The beyond a reasonable doubt standard.

Question 28

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

Question 29

Informal rulemaking procedure does not require prior notice of a proposed rule.

Question 30

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

Question 31

What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?

A)Rulemaking
B)Lobbying
C)Adjudication
D)Enforcement

Question 32

Criticism of administrative agencies includes that they:

A)lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems.
B)lack the broad powers necessary to effectively deal with regulatory problems.
C)are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated.
D)All of these are valid criticisms.

Question 33

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

Question 34

Congress enacted the Administrative Procedure Act in 1946.

Question 35

The Government in the Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Question 36

When reviewing factual determinations of an administrative agency, the courts must always use the "arbitrary and capricious" test.

Question 37

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative
Procedure Act (APA).

Question 38

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

Question 39

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

A)influence the budgeting process.
B)appoint and remove the chief administrator of those agencies.
C)impound moneys appropriated to the agency by Congress.
D)All of these are powers of the President.

Question 40

Administrative statutes, often called regulations, issued by an agency are:

A)legislative rules.
B)enabling statutes.
C)appropriations.
D)orders.

Question 41

To what do the letters APA refer?

A)The Administrative Protection Act
B)The Administrative Procedures for Adjudication
C)The Administrative Procedure Act
D)The Administrative Policy Association

Question 42

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:

A)formal rulemaking.
B)hybrid rulemaking.
C)informal rulemaking.
D)negotiated rulemaking.

Question 43

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

A)They are appointed by the president with the approval of the Senate.
B)They may be removed only for good cause.
C)The administrative law judge cannot impose sanctions in her orders.
D)There are more than twice as many federal judges as there are administrative law judges.

Question 44

In reviewing an agency action, which of the following is included in the questions of law a court will consider?

A)Whether the agency violated any constitutional provision.
B)Whether the agency acted contrary to the procedural requirements of the law.
C)Whether the agency exceeded its authority.
D)All of these would be considered.

Question 45

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?

A)The FTC may decide the case de novo.
B)There is no appeal from the decision of the ALJ.
C)The governing body of the agency will decide the case by having a jury trial.
D)The appeal will go directly to the federal district court, which will strictly apply the common law rules of evidence.

Question 46

Much of federal, state, and local law in this country has been established by administrative agencies.Because agencies possess tremendous power, many people have labeled them the:

A)independent commissions.
B)legislative enforcers.
C)fourth branch of government.
D)None of these.

Question 47

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

A)Administrative Procedures Act.
B)U.S.Constitution.
C)agency's enabling statute.
D)Rules must be adopted in compliance with all of the above.

Question 48

To what do the letters ALJ refer?

A)American Law Judges
B)Administration's Legal Judge
C)Administrative Law Judge
D)Administrative Local Judiciary

Question 49

What standard does a court use in reviewing the factual determinations of an administrative agency?

A)Whether the adjudication was arbitrary and capricious.
B)Whether the conclusions reached are supported by substantial evidence.
C)Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided.
D)Any one of these, depending on the particular situation.

Question 50

An agency's deciding an appealed case de novo means:

A)agency hearings produce evidence of general conditions.
B)the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision.
C)without regard to new evidence.
D)an agency may impose in its orders sanctions, such as penalties.

Question 51

What is required by the substantial evidence test?

A)The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
B)It permits the court to try the facts de novo.
C)It requires that the agency set aside action if it is prejudicial.
D)It requires proof beyond a reasonable doubt.

Question 52

Rulemaking powers of federal agencies are primarily governed by the:

A)SEC.
B)APA.
C)FCC.
D)NHTSA.

Question 53

The Administrative Dispute Resolution Act:

A)was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies.
B)requires federal agencies to use alternative dispute resolution.
C)was enacted to require state and federal agencies to use formal methods of dispute resolution.
D)authorizes and encourages, but does not require, federal agencies to use techniques such as mediation, conciliation, and arbitration to resolve disputes informally.

Question 54

The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy- making process prior to the publication of notice of a proposed agency rule is the:

A)Negotiated Rulemaking Act.
B)Administrative Procedure Act.
C)Administrative Dispute Resolution Act.
D)Government in the Sunshine Act.

Question 55

The Privacy Act:

A)prohibits any disclosures of records covered by the Act to the individuals about whom information has been collected.
B)is another name for the Freedom of Information Act.
C)requires agencies to collect information to the greatest extent practicable directly from the individual affected.
D)requires agencies, after six years, to delete the information gathered about an individual.

Question 56

Administrative agencies perform what basic function?

A)Rulemaking
B)Law enforcement
C)Adjudication
D)All of these are functions of administrative agencies.

Question 57

The legislature may exercise control of administrative agencies in all of the following ways, EXCEPT:

A)through its budgetary power.
B)through the power to appoint and remove chief administrators.
C)by amending an enabling statute to increase, modify, or decrease an agency's authority.
D)All of these are ways the legislature controls agencies.

Question 58

The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them.To avoid any public comment, the agency seeks to adopt the rules without publishing them.Which of the following statements is true regarding the agency's actions?

A)The agency has a right to act in this way and a duty to be efficient with taxpayer money.
B)The rules in this instance are procedural in nature and therefore are not required to be published.
C)The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.
D)The agency has no rulemaking authority, because only Congress can make legislative rules.

Question 59

Which of the following is an administrative agency?

A)The EPA
B)The FTC
C)The SEC
D)All of these are administrative agencies.

Question 60

Federal administrative agencies are charged with all but which of the following?

A)National security
B)Labor relations
C)Securities markets
D)All of these are regulated by federal administrative agencies.

Question 61

The is the federal public records statute requiring most records in agency files to be open to the public.

A)FOIA
B)APA
C)ALJ
D)Government in the Sunshine Act

Question 62

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

Question 63

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

A)three business days
B)ten working days
C)three weeks
D)one month

Question 64

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?

Question 65

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

A)She should fill out an application for federal employment pursuant to the federal civil service merit selection rules.
B)She should talk to her congressional representative and ask for a recommendation.
C)She should contribute a substantial sum of money to the President's political party so that the President will consider appointing her to such a job.
D)She should file for election to the job during the next election year.

Question 66

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

Question 67

Agencies may deny access to which of the following types of records?

A)Those related to national defense and specifically authorized to be kept secret
B)Those relating to internal personnel rules
C)Trade secrets
D)All of these.

Question 68

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

A)The Securities and Exchange Commission
B)The Federal Trade Commission
C)The Food and Drug Administration
D)The Consumer Product Safety Commission
E)All federal agencies are covered by the requirements of the Government in the Sunshine Act.

Question 69

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?