Deck 4: Administrative Law

Question 1

Independent administrative agencies,often called commissions,tend to have responsibility for making rules covering a broad spectrum of industries and activities.

Answer 1

False
Explanation: One difference between executive agencies and independent agencies is the scope of their regulatory authority.Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.Independent agencies,often called commissions,tend to have more narrow authority over many facets of a particular industry,focusing on such activities as rate making and licensing.

Question 2

The Administrative Agency Recorder is the official daily publication for administrative agencies.

Answer 2

False
Explanation: The Federal Register is the official daily publication for rules,proposed rules,and notices of federal agencies and organizations,as well as executive orders and other presidential documents.

Question 3

The United States Senate must approve presidential nominees for them to become the administrative head of agencies.

Answer 3

True
Explanation: The United States Congress has significant control over administrative agencies because the U.S.Senate must approve presidential nominees for them to become the administrative heads of agencies.

Question 4

There is a right to a jury trial in administrative agency disputes.

Question 5

The United States Congress has the power to create,but not dissolve,an administrative agency.

Question 6

Independent agencies have a tendency to focus more on social regulation,whereas executive agencies are more often focused on economic regulation.

Question 7

Administrative agencies typically act slower than Congress in creating and enacting new laws.

Question 8

Administrative agencies are created by the judicial branch to carry out specific duties.

Question 9

The first step in formal rule making is publication in the Federal Register of a notice of proposed rule making by the agency.

Question 10

There is a right of appeal from a decision of an administrative law judge.

Question 11

The Government in Sunshine Act requires agency business meetings to be open to the public even if the agency is headed by a non-collegiate body,and the open-meeting requirement applies even when a quorum is not present.

Question 12

The Environmental Protection Agency (EPA)is an example of a hybrid administrative agency.

Question 13

The two most common types of administrative agency rule making are conditional and unconditional.

Question 14

The Small Business Administration (SBA)is an example of an executive agency.

Question 15

Administrative agencies are located at the state level only.

Question 16

Under the Privacy Act of 1974,a federal administrative agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Question 17

Administrative law consists of both substantive and procedural rules.

Question 18

The primary type of rule making used by administrative agencies is informal rule making.

Question 19

Administrative agencies have legislative and judicial,but not executive,powers.

Question 20

An administrative law judge's decision may not be directly appealed to a court.

Question 21

Administrative law consists of both substantive and ________ rules.

A)de facto
B)conditional
C)illusory
D)ex post facto
E)procedural

Question 22

Which type of agency is generally defined as any body created by the legislative branch to carry out specific duties?

A)An administrative agency
B)An authoritarian agency
C)A quasi-legal agency
D)A procedural agency
E)A ministerial agency

Question 23

Executive agencies are referred to as which of the following?

A)Judicial-level agencies
B)Adjudicative agencies
C)Cabinet-level agencies
D)Independent agencies
E)Legislative-parity agencies

Question 24

A(n)________ is an order to appear and bring specified documents.

A)subpoena
B)subpoena duces tecum
C)writ of certiorari
D)writ of mandamus
E)interlocutory appeal

Question 25

The United States Congress created the Interstate Commerce Commission (ICC)because it felt that a regulatory body could best control the anticompetitive conduct of what industry?

A)The oil industry
B)The railroad industry
C)The automobile industry
D)The steel industry
E)The construction industry

Question 26

The issuance of a(n)________ is an example of an administrative agency's investigative powers.

A)subpoena
B)complaint
C)writ of certiorari
D)writ of mandamus
E)interlocutory appeal

Question 27

Which of the following are rules of an agency that are policy expressions having the effect of law?

A)Procedural
B)Interpretive
C)Legislative
D)Adjudicative
E)Judicial

Question 28

What do the initials "ALJ" represent in the context of administrative agencies and administrative law?

A)Administrative Law Journal
B)Administrative Law Jurisprudence
C)Administrative Law Judge
D)Agency Litigation Justice
E)Agency Law Jurisprudence

Question 29

A binding decision issued by an administrative law judge (ALJ)is known as a(n)________.

A)verdict
B)consent decree
C)writ of certiorari
D)order
E)administrative decree

Question 30

How many people sit on a jury for an administrative hearing?

A)6
B)8
C)12
D)9
E)None

Question 31

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

A)Procedural
B)Interpretive
C)Legislative
D)Adjudicative
E)Judicial

Question 32

Which of the following was the first federal administrative agency?

A)The Interstate Commerce Commission
B)The Securities and Exchange Commission
C)The Internal Revenue Service
D)The Social Security Administration
E)The Food and Drug Administration

Question 33

Today,administrative agencies:

A)Create more rules than Congress and the courts combined.
B)Create more rules than Congress,but fewer rules than the courts.
C)Create more rules than the courts,but fewer rules than Congress.
D)Are subject to a temporary moratorium on rule making imposed by the United States Congress,pending a determination as to whether such authority violates the legislative authority of Congress.
E)Are subject to a temporary moratorium on rule making imposed by the United States Supreme Court,pending a review by the Court regarding whether such authority is constitutional.

Question 34

What type of law is created by administrative agencies involving applications,licenses,permits,available information,hearings,appeals,and decision-making?

A)Equity law
B)Ministerial law
C)Administrative law
D)Enabling law
E)Ex post facto law

Question 35

The two classifications of agencies are:

A)legislative and executive.
B)legislative and independent.
C)judicial and independent.
D)executive and independent.
E)judicial and executive.

Question 36

________ legislation is a statute that specifies the name,functions,and specific powers of an administrative agency.

A)Ex post facto
B)Executive
C)Ex officio
D)Enabling
E)Ad hoc

Question 37

Which of the following statements is incorrect regarding executive agencies at the federal level?

A)The administrative head of an executive agency is appointed by the president with the advice and consent of the United States House of Representatives.
B)Executive agency heads may be discharged by the president at any time,for any reason.
C)Executive agencies are usually under one of the cabinet-level departments.
D)Executive agencies are generally located within the executive branch.
E)Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.

Question 38

An administrative law judge's decision may be directly appealed to:

A)a state trial court.
B)the full commission or head of an agency.
C)the circuit court of appeals.
D)the United States Senate Judiciary Committee.
E)the United States Senate Committee on Rules and Administration.

Question 39

What types of powers do administrative agencies have?

A)Legislative and judicial
B)Judicial and executive
C)Executive and legislative
D)Legislative,judicial,and executive
E)None,since administrative agencies have only advisory authority (i.e.,they advise the executive,legislative,and judicial branches of government regarding their particular areas of expertise,but must defer to the three branches of government to actually address those particular areas)

Question 40

What usually happens to decisions of administrative law judges that are appealed to the federal court system?

A)The decisions are usually upheld.
B)The decisions are usually reversed.
C)The decisions are usually remanded.
D)The decisions are generally upheld as a matter of law unless the appellant (i.e.,the party filing the appeal)requests a jury trial.
E)None of these,since there is no right to appeal an administrative law judge's order.

Question 41

The Environmental Protection Agency (EPA)is an example of a(n)________ agency.

A)independent
B)executive
C)dependent
D)hybrid
E)omnibus

Question 42

Under which of the following does each concerned interest group and the agency send representatives to bargaining sessions led by a mediator with any agreement forwarded to the agency?

A)Mediation
B)Regulation
C)Reg-neg
D)Med-neg
E)Arb-med

Question 43

Which of the following is a federal executive agency?

A)The National Science Foundation
B)The Equal Employment Opportunity Commission
C)The Nuclear Regulatory Commission
D)The National Labor Relations Board
E)The Federal Communications Commission

Question 44

Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities?

A)Policy statements
B)Interpretative statements
C)Planning notices
D)Public comments
E)Declarations of intent

Question 45

A(n)________ rule is a rule that does not create any new rights or duties but is merely a detailed statement of an administrative agency's interpretation of an existing law.

A)quasi-judicial
B)political affiliation
C)foundational
D)interpretative
E)quasi-legislative

Question 46

Which of the following was the court ruling in Yan Ju Wang v.George Valverde,the case referenced in the textbook in which the plaintiff sued for a mandate compelling the Department of Motor Vehicles to set aside its revocation of the plaintiff's noncommercial driver's license based on her allegedly cheating on a commercial driver's license examination?

A)The court ruled that the agency lacked statutory authority to revoke the plaintiff's noncommercial driver's license.
B)The court ruled that the agency failed to provide a proper hearing prior to revoking the noncommercial license.
C)The court ruled that the agency could not revoke the noncommercial license because the plaintiff was not criminally prosecuted.
D)The court ruled that the agency could revoke the noncommercial license because the plaintiff was criminally prosecuted.
E)The court ruled that the agency could revoke the noncommercial license because it was granted the statutory authority to do so.

Question 47

Which of the following is involved when an agency is referred to as a "captured" agency?

A)A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.
B)A belief that agency officials are unduly influenced by their political party.
C)A belief that agency officials are unduly influenced by politicians in the state in which the agency is located.
D)A belief that agency officials are unduly influenced by politicians in states most affected by the regulations established by the agency.
E)A belief that agency officials are unduly influenced by the desires of the United States Congress.

Question 48

Which of the following is a federal independent agency?

A)The Commodity Futures Trading Commission
B)The Veterans Administration
C)The Occupational Safety and Health Administration
D)The International Development Corporation Agency
E)The National Aeronautics and Space Administration

Question 49

In informal rule making,the date on which a rule becomes effective must be at least ________ days after publication of the final rule in the Federal Register.

A)15
B)20
C)30
D)45
E)60

Question 50

Which of the following are the types of rule making done by agencies?

A)Formal and informal
B)Informal and hybrid
C)Hybrid and conditional
D)Formal,informal,and hybrid
E)informal,conditional,and omnibus

Question 51

In order to be upheld in court,an agency's fact finding must be supported by which of the following?

A)Substantial evidence
B)Reasonable suspicion
C)Proof beyond reasonable doubt
D)Probable cause
E)Non-hearsay evidence

Question 52

How many days,if any,does the United States Congress have to review proposed agency rules?

A)0
B)20
C)30
D)60
E)90

Question 53

The ________ requires formal rule making when an enabling statute or other legislation mandates all regulations or rules to be enacted by an agency as part of a formal hearing process that includes a complete transcript.

A)Interstate Commerce Commission
B)Uniform Commerce Commission
C)Uniform Commercial Code
D)Uniform Procedures Act
E)Administrative Procedures Act

Question 54

________ has control over the budgets of all agencies.

A)The United States Office of Management and Budget
B)The Internal Revenue Service
C)The United States Congress
D)The United States president
E)The Administrative Regulatory Agency

Question 55

________ has the power to create a federal agency.

A)The United States Attorney General
B)The United States Senate
C)The United States Congress
D)The United States president
E)The Administrative Regulatory Agency

Question 56

Agencies that have characteristics of both executive and independent agencies are known as ________ agencies.

A)omnibus
B)hybrid
C)collaborative
D)joint
E)dual purpose

Question 57

Executive agencies tend to focus on ________ regulation,whereas independent agencies are more often focused on ________ regulation.

A)social; economic
B)political; safety
C)social; political
D)safety; social
E)economic; safety

Question 58

Informal rule making is also known as ________ rule making.

A)hybrid
B)stand-and-deliver
C)notice-and-comment
D)judicial
E)legislative

Question 59

Which of the following is a false statement regarding federal independent agencies?

A)Independent agencies are governed by a board of commissioners.
B)The president appoints the commissioners of independent agencies with the advice and consent of the United States Senate.
C)The United States president may remove commissioners of federal independent agencies without cause.
D)No more than a simple majority of an independent agency can be members of any single political patty.
E)The agencies are generally not located within any department.

Question 60

Which of the following are activities in which agencies may be involved?

A)Conducting research
B)Issuing permits
C)Managing property
D)Conducting research,issuing permits,and managing property
E)Conducting research and issuing permits,but not managing property

Question 61

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission and that in any event,action by an agency is always upheld.Which of the following would have reached the decision at her hearing before the administrative agency?

A)An adjudicative law judge
B)An administrative law judge
C)A federal court judge
D)A superior court judge
E)A jury

Question 62

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is true regarding the claim of Fluffy Shampoo that the agency had no power to compel attendance and the provision of documents?

A)Fluffy Shampoo is correct because while the agency had the right to request voluntary compliance and refer Fluffy Shampoo to law enforcement if Fluffy Shampoo would not voluntarily comply,the agency had no power to require compliance.
B)Fluffy Shampoo is correct in that the agency could not require the provision of documents,but incorrect regarding the power of the agency to require attendance at a hearing.
C)Fluffy Shampoo is correct in that the agency could not require attendance at a hearing,but incorrect regarding the power of the agency to require the provision of documents.
D)Fluffy Shampoo is incorrect,and the agency had the power to issue a document called a subpoena requiring attendance at a hearing and a document called a subpoena duces tecum requiring that Fluffy Shampoo bring specified documents to the hearing.
E)Fluffy Shampoo is incorrect,and the agency had the power to issue a document called a certified order requiring attendance at a hearing and a document called a summons requiring that Fluffy Shampoo bring specified documents to the hearing.

Question 63

According to the United Nations and as discussed in the textbook,which of the following is true regarding e-government,meaning the delivery of government services through digital information technologies including the Internet?

A)It is important because it reduces the cost of government while improving the quality of services and citizen access.
B)It is important because although it increases the cost of government,it improves the quality of services and citizen access.
C)It is important because it enables the government to keep closer track of perceived criminal activity.
D)It is not important,because face-to-face interaction with government employees is more efficient and cost-effective.
E)It is not important,because Internet sites cannot be adequately updated to address complex governmental issues.

Question 64

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that,in any event,action by an agency is always upheld.Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?

A)The agency representative was wrong; and if Monique cannot resolve the issue within the agency,she may appeal to court for judicial review.
B)Because the agency was set up to protect the safety of the public,the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C)Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court,actions of an executive agency may not be appealed to court.
D)Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court,actions of an independent agency may not be appealed to court.
E)Because the agency was set up to protect the safety of the public,the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

Question 65

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.The statutes setting forth the authority of the agency are called ________ statutes.

A)enabling
B)authorization
C)enforcement
D)dedicated
E)final

Question 66

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.What would be the next step in obtaining enactment of the rules after publication?

A)A vote in Congress
B)Approval by the president by executive order
C)A public hearing
D)Opportunity for all interested parties to submit written comments
E)A hearing before an administrative law judge

Question 67

List the stages and requirements of informal agency rule making.

Question 68

Under the Privacy Act,an individual may have the right to:

A)see federal agency records about himself or herself.
B)amend an inaccurate agency record.
C)sue the government for statutory violations.
D)see and amend federal agency records.
E)see and amend federal agency records,as well as sue the government for Privacy Act violations.

Question 69

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is the correct term for legislation passed by Congress specifying the name,functions,and specific powers of the Animal Protection Commission?

A)Enabling legislation
B)Enacting legislation
C)Approving legislation
D)Administrative regulation
E)Agency regulation

Question 70

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that,in any event,action by an agency is always upheld.Which of the following is true regarding the statement by the agency that assuming an appeal to court is available,agency action is always upheld?

A)The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be overturned if fraud on the part of the agency is proven.
B)The agency representative is incorrect because agency decisions are usually struck down unless they are supported by clear and convincing evidence.
C)The agency representative is incorrect because agency decisions are usually struck down unless it can be established that an appeal of an agency decision is frivolous and without reason.
D)The agency representative is incorrect because agency decisions are struck down in approximately 50% of the cases on appeal.
E)The agency representative is incorrect because while agency actions are usually upheld,they may be struck down if the agency,for example,exceeded its power.

Question 71

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is true regarding the claim of Fluffy Shampoo that criminal penalties may not result from violation of agency rules?

A)Fluffy Shampoo is correct.
B)Fluffy Shampoo is incorrect,but any criminal penalties may not exceed a fine of $1,000.
C)Fluffy Shampoo is incorrect,but any criminal penalties may not exceed a fine of $10,000.
D)Fluffy Shampoo is incorrect regarding its claim that all agencies lack the authority to institute a criminal penalty,but correct in that the Animal Protection Commission cannot enforce a criminal penalty because an agency can only enforce a criminal penalty if human health or national security is involved.
E)Fluffy Shampoo is incorrect,and criminal penalties may be imposed assuming statutory authority exists for the agency to do so.

Question 72

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following is the most likely type of rule making in which the Accounting Commission was involved?

A)Informal
B)Formal
C)Legislative
D)Regulatory
E)Procedural

Question 73

Which of the following is an incorrect statement regarding the Freedom of Information Act (FOIA)?

A)Information may be obtained under the FOIA regarding how an agency gets and spends its money.
B)Citizens are entitled to any records that the government has about them.
C)Records involving national security are exempted from the FOIA.
D)Information regarding the agency's personnel records may be obtained under the FOIA.
E)Records involving an individual's private life are exempted from the FOIA.

Question 74

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.Assuming Polly seeks to appeal revocation of her license to drive an automobile through any available avenues,what is the most likely result?

A)The agency decision will be upheld so long as it is determined that the agency head reasonably thought she was cheating,even if she was not.
B)The agency decision will be upheld so long as it is determined that substantial evidence supported the agency head's decision that she was cheating,even if she was not.
C)The decision will be reversed because Polly has decided that she no longer wants a license to drive tractor-trailer trucks.
D)The appeal will be dismissed because Polly had no right to a review of the agency head's decision.
E)The revocation of her license to drive automobiles will be reversed because the agency had no authority to take that step.

Question 75

Why are administrative agencies sometimes referred to as the "fourth branch of government," and is this an accurate representation?

Question 76

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.What should Polly do next assuming her state's administrative scheme is the same as the federal scheme?

A)She should appeal within the agency and later to court if she cannot receive a favorable agency determination.
B)She should immediately appeal to court bypassing any other agency proceedings.
C)She should appeal within the agency,but no later court proceedings would be possible.
D)She should file a writ to negate any results in connection with the first test because,by law,applicants are entitled to retake a licensure test at least once.
E)At the moment,there is nothing else that Polly can do to obtain reinstatement of her license; and she can only ask the agency for reconsideration of her position at a later date.

Question 77

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following is the appropriate agency classification for the Accounting Commission?

A)Executive
B)Independent
C)Administrative
D)Legislative
E)Judicial

Question 78

Which law requires that an agency business meeting be open to the public if a collegiate body heads the agency?

A)The Freedom of Information Act
B)The Open Meetings Act
C)The Government in Sunshine Act
D)The United States Constitution
E)The Transparency in Government Operations Act

Question 79

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following would be the appropriate location for publication of the proposed rules?

A)The Congressional Review
B)The Congressional Record
C)The Agency Periodical
D)The Comment and Review Forum
E)The Federal Register

Question 80

To which of the following does the Freedom of Information Act (FOIA)not apply?

A)The United States Congress
B)The federal courts
C)The executive staff of the White House
D)It does not apply to the United States Congress,the federal courts,or to the executive staff of the White House
E)It does not apply to Congress or the federal courts,but it does apply to the executive staff of the White House