Deck 13: Administrative Law and Administrative Agencies

Question 1

Agencies are generally delegated the task of writing their own enabling acts.

Answer 1

False

Question 2

The Administrative Procedure Act of 1946 established the very first administrative agencies.

Answer 2

False

Question 3

Legislatures use enabling acts to create administrative agencies.

Answer 3

True

Question 4

The Administrative Procedures Act (APA) requires that general notice of proposed rule-making be published in the Washington Post.

Question 5

Cabinet level agencies are headed by

A) a secretary.
B) a commissioner.
C) the president.
D) None of the above is correct.

Question 6

All administrative agencies have the same organizational structure.

Question 7

Administrative agencies first came into existence during the 1950s.

Question 8

Very few agencies are delegated the power to investigate.

Question 9

A bipartisan commission only has members from the president's party.

Question 10

The federal Administrative Procedures Act (APA) serves as a model for states.

Question 11

Which of the following would not be found in an administrative agency's enabling act?

A) The agencies organizational structure
C) The right to determine its own powers
B) The definition of the agencies functions
D) None of the above is correct.

Question 12

Rule-making is a quasi-legislative power of administrative agencies.

Question 13

When a federal agency creates a rule, it has the same effect as

A) a judicial order.
C) a nomination.
B) a statute.
D) None of the above is correct.

Question 14

Administrative agencies exist at the

A) local level.
B) state level.
C) federal level.
D) All of the above are correct.

Question 15

The fact that administrative agencies often make and enforce rules and conduct adjudicatory hearings does not violate the principle of separation of powers, because

A) the creating body can also destroy an agency.
B) agencies are set up so as to separate each of their functions.
C) the judiciary has the power to review an agency's findings.
D) Both A and C are correct.

Question 16

The statute creating an administrative agency that is granted rule-making power will

A) establish general standards for the agency.
B) authorize the agency to determine the content of regulations.
C) establish sanctions for noncompliance with regulations.
D) All of the above are correct.

Question 17

Legislative bodies rely on the judiciary to oversee the day-to-day operations of businesses and professions.

Question 18

The statute by which a legislative body establishes an administrative agency is called the origination act.

Question 19

Notice-and-comment procedures are required for all agency rule-making, both substantive and process-oriented rules.

Question 20

The administrator of the Environmental Protection Agency (EPA) serves at the pleasure of Congress.

Question 21

OSHA was created to

A) conduct research regarding employee health and sagety.
B) eliminate workplace violence.
C) set and enforce environmental standards in the workplace.
D) None of the above is correct.

Question 22

Which of the following can create administrative agencies?

A) The U.S.Congress
C) City governments
B) State legislatures
D) All of the above can create administrative agencies.

Question 23

An alleged violator of administrative rules is entitled to an administrative hearing conducted by a(n)

A) federal magistrate.
C) U.S.Court of Appeals judge.
B) U.S.District Court judge.
D) administrative law judge.

Question 24

Which of the following illustrates the correct steps that are followed in the adjudicative function of administrative agencies?

A) ALJ, review by court, review by agency's board
B) Review by agency's board, review by court, ALJ
C) Review by court, ALJ, review by agency's board
D) ALJ, review by agency's board, review by court

Question 25

Which of the following is a power commonly granted to agencies that allows them to carry out their fact-finding functions?

A) Requiring reports from regulated businesses
B) Conducting inspections
C) Using judicially enforced subpoenas
D) All of the above are correct.

Question 26

Which of the following is not true about administrative agencies?

A) It is often an administrative agency that controls the licensing of professionals, such as doctors.
B) Nearly all administrative agencies have the power to investigate.
C) Some administrative agencies are permitted to make rules that meet standards set by statute.
D) None of the above is correct.

Question 27

Business A is angry about a fine received from Agency X.Business A believes that Agency X acted arbitrarily in levying the fine.Business A has absolutely no faith in Agency X and refuses to subject itself to its administrative review.Instead, Business A goes directly to the state District Court to appeal the fine.The state district court will

A) take the case to determine whether Agency X acted arbitrarily.
B) refuse to take the case because Business A has not yet exhausted its administrative remedies.
C) defer to the agency as to whether it wants to have the first hearing of the case.
D) None of the above is correct.

Question 28

The secretary of commerce, pursuant to his rule-making authority, adopted regulations concerning overfishing, which prohibited persons holding general fishing permits from using spotter aircraft, but allowed other persons holding special licenses to use them.Plaintiffs brought suit to challenge the regulation.What will they have to show in order to overturn the regulation?

A) That the agency acted arbitrarily and capriciously in enacting its regulation
B) That the agency did not establish the necessity of the regulation by clear and convincing evidence
C) That the agency did not establish the necessity of the regulation beyond a reasonable doubt
D) That the agency did not establish the necessity of the regulation by a preponderance of the evidence

Question 29

Exhaustion of remedies means that

A) a party must have a written contract prior to seeking relief from an administrative agency.
B) a party must seek available administrative remedies before going to the courts.
C) a party must adequately prove to the ALJ why their recommended remedy is the best relief.
D) None of the above is correct.

Question 30

Agency adjudication must comply with

A) fifth amendment due process.
C) Both A and B are correct.
B) fourteenth amendment due process.
D) None of above is correct.

Question 31

Sometimes legislatures promulgate statutes that are not very clear.An administrative agency can help through

A) an interpretive rule.
B) a notice and comment period.
C) a procedural rule.
D) encouraging the legislature to re-write the statute.

Question 32

Some administrative agencies are authorized to use which of the following investigative methods?

A) Requiring reports
C) Using judicially enforced subpoenas
B) Conducting on-site inspections
D) All of the above are correct.

Question 33

Which federal agency is responsible for promulgating safety standards for workplaces and for investigating safety violations?

A) EPA
C) FAA
B) OSHA
D) FTC

Question 34

Judicial reluctance to interfere with agency action is premised on

A) an overloaded court docket.
C) recognition of agency competence.
B) judicial laxity.
D) the Constitution.

Question 35

Which of the following are concerns of an administrative agency engaged in the adjudicatory function?

A) The giving of notice to the accused
B) The adequacy of evidence in support of the agency's decision
C) Allowing accused people to defend themselves in adversary proceedings
D) All of the above is correct.

Question 36

The notice-and-comment period requires

A) publication of proposed rules.
B) agencies to accept written comments from anyone.
C) agencies to explain the purpose and rationale of rules.
D) All of the above are correct.

Question 37

Legislatures delegate many powers to administrative agencies.List and explain three powers typically delegated by legislatures to administrative agencies.

Question 38

When a court reverses an agency's determination, it usually

A) holds a trial de novo.
B) remands the case back to the agency.
C) prohibits any further action to be taken in the case.
D) None of the above is correct.

Question 39

Procedural rules

A) clarify statutes.
B) create administrative agencies.
C) establish standard processes.
D) None of the above is correct.

Question 40

The Consumer Credit Protection Act contains

A) the Truth in Lending Act.
B) the Fair Credit Reporting Act.
C) the Fair Debt Collection Practices Act.
D) All of the above are correct.

Question 41

In 1985, the Department of Housing Safety, an administrative agency created to promote proper construction and maintenance of houses, made a rule requiring that "all buildings constructed after December 31, 1986, being more than two stories high, are to have smoke detectors" and setting a fine against noncomplying building owners.D, who lives in a house that comes under this regulation, keeps a rabbit that she claims is very sensitive to even minute amounts of smoke.He thinks it should be considered a smoke detector because "smoke detector" is never actually defined in the regulation.The department disagrees and wants to fine D for noncompliance.D decides to take the issue of whether a rabbit can be a smoke detector to a state court, instead of to a hearing conducted by the department, because he claims that for the department to make the rules and adjudicate disputes involving those rules violates the idea of separation of powers.Is he correct? Why or why not? Explain the process by which D's dispute would be handled by the department.

Question 42

Assume a federal administrative agency has reached a decision in an adjudicatory proceeding, and one of the parties wishes to appeal the decision to a federal court of appeals.What is the scope of judicial review of the determination of the law and the finding of fact of the administrative agency?