Deck 5: Administrative Law

Question 1

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Answer 1

False

Question 2

Administrative agencies exist only at the federal level.

Answer 2

False

Question 3

A statute may preclude judicial review of an agency action.

Answer 3

True

Question 4

The U.S.Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

Question 5

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

Question 6

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

Question 7

Legislative rules by an administrative agency do not have the force of law.

Question 8

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

Question 9

The scope of administrative law has expanded greatly in the last fifty years.

Question 10

Administrative agencies sometimes function as judicial bodies.

Question 11

An administrative agency must always use formal procedures to resolve matters.

Question 12

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

Question 13

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

Question 14

Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is potential conflict.

Question 15

Administrative hearings are held before a jury.

Question 16

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

Question 17

In 2015, the U.S.Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

Question 18

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

Question 19

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

Question 20

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

Question 21

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

Question 22

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Question 23

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

Question 24

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Question 25

All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

Question 26

To be constitutionally permissible, an enabling statute must establish reasonable standards to guide an agency in implementing the statute.Using a broad phrase such as "fair and equitable" in an enabling statute meets this requirement.

Question 27

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

Question 28

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Question 29

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Question 30

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

Question 31

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo .

Question 32

An administrative agency's discretion to compel the disclosure of information is subject to any legal privileges to withhold such information.

Question 33

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Question 34

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.

Question 35

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

Question 36

Congress enacted the Administrative Procedure Act in 1964.

Question 37

There are more than twice as many federal judges as there are administrative law judges.

Question 38

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

Question 39

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

Question 40

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Question 41

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

A) ALJs are appointed by the president with the approval of the Senate.
B) ALJs may be removed only for good cause.
C) There are more than twice as many federal judges as there are administrative law judges.
D) Administrative law judges preside over jury cases within the area of expertise of the agency.

Question 42

An advantage of administrative agencies is that they:

A) relieve legislatures from trying to create legislation that deals with every detail of a specific problem.
B) can be specialized bodies staffed by individuals with expertise in the regulated field.
C) can be concerned about compliance with constitutional mandates since they perform powers of all three branches of government.
D) All of these.

Question 43

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

A) the procedures are governed by the same APA provisions that govern an adjudication.
B) an agency must give prior notice of a proposed rule, usually by publication in the Federal Register.
C) an opportunity must be given for interested parties to participate in the rulemaking.
D) publication of a final draft of the rule, along with a statement of the rule's purpose, must be given at least fourteen days before its effective date.

Question 44

A major rule of an administrative agency:

A) does not become final until Congress has had an opportunity to disapprove it.
B) is any rule that the Office of Management and Budget finds has resulted in or is likely to result in an annual effect on the economy of at least one million dollars.
C) must be published in the Federal Register prior to its becoming final, but need not be submitted to Congress.
D) is a rule that will have a significant effect on competition and that becomes final if it is submitted to and approved by the President.

Question 45

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:

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

Question 46

The legislature may exercise control of administrative agencies in various ways.These are:

A) through adjudicating cases brought against the agancies.
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.

Question 47

What term refers to the entire set of activities in which an administrative agency engages?

A) Rulemaking.
B) The administrative process.
C) Promulgating.
D) Enforcement.

Question 48

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 standard in reviewing factual determinations?

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

Question 49

Only documentary evidence may be admitted at an administrative hearing.

Question 50

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 51

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

A) It has complete independence from the president.
B) It deals only with executives of major corporations.
C) It is housed within the executive branch of the government.
D) It has complete independence from Congress.

Question 52

Parties that seek to challenge agency action must:

A) have standing.
B) have exhausted their administrative remedies.
C) be a party injured by the agency action.
D) All of these.

Question 53

Administrative statutes issued by an agency are known as:

A) legislative rules.
B) interpretive rules.
C) hybrid rules.
D) procedural rules.

Question 54

Rulemaking powers of federal agencies are primarily governed by the:

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

Question 55

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

A) encourage the federal agencies to use arbitration.
B) authorize federal agencies to use mediation.
C) require the agencies to use alternative dispute resolution.
D) allow for conciliation techniques.

Question 56

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

A) remove commissioners for causes set forth by statute.
B) appoint and remove the chief administrator of those agencies.
C) impound moneys appropriated to the agency by Congress.
D) All of the above.

Question 57

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

A) executive committees
B) administrative agencies
C) the courts
D) legislatures, including Congress

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

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company then appeals the decision to the commission itself.Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

A) The commission may hear additional evidence and arguments in deciding whether to revise the findings and conclusions it made in the initial decision.
B) There is no appeal from the decision of the ALJ.
C) The commission will decide the case by having a jury trial.
D) The commission must decide the case on the record, abstracts, and briefs and may not hear any evidence.

Question 60

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

Question 61

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 62

A minor agency rule:

A) if disapproved by Congress, must be resubmitted to both houses of Congress.
B) if disapproved by Congress, must be revised according to Congressional guidelines.
C) if disapproved by Congress, has no chance of approval by the President.
D) takes effect but, if after being submitted to Congress it is disapproved, it is treated as though it had never taken effect.

Question 63

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 64

What is an administrative agency? What powers does an administrative agency possess?

Question 65

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

A) Freedom of Information Act.
B) Government in the Sunshine Act.
C) Both are correct.
D) Neither are correct.

Question 66

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

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

Question 67

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

Question 68

After an FOIA request has been made, an agency has __________ working days within which to indicate whether it intends to comply.

A) 3
B) 10
C) 21
D) 30

Question 69

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

Question 70

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Question 71

How are ALJs selected?

A) They are appointed by the president and then confirmed by Congress.
B) They are elected by Congress.
C) They are appointed by the president without confirmation by Congress.
D) They are appointed by the agency through a professional merit selection system.

Question 72

In reviewing an agency action, which of the following are 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.

Question 73

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

Question 74

The Government in the Sunshine Act covers all but which of the following agencies?

A) Consumer Product Safety Commission.
B) Commodity Futures Trading Commission.
C) Environmental Protection Agency.
D) Securities and Exchange Commission.

Question 75

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

A) Whether the agency properly interpreted the applicable law.
B) Whether the conclusions reached are supported by substantial evidence.
C) Whether the agency acted contrary to procedural requirements of the law.
D) Any one of the above, depending on the particular situation.

Question 76

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules.This is:

A) a formal rulemaking process.
B) an informal rulemaking process.
C) a hybrid rulemaking process.
D) an unconstitutional rulemaking process.

Question 77

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

Question 78

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 requires the court to try the facts de novo .
C) It requires only that the agency had a rational basis for reaching its decision.
D) It requires proof beyond a reasonable doubt.