Deck 44: Administrative Law

Question 1

There is no right of appeal from a decision of an administrative law judge.

Answer 1

False

Question 2

The Interstate Commerce Commission was created by Congress as a means to better control the anticompetitive conduct of railroads.

Answer 2

True

Question 3

Interpretive rules are generally very detailed,step-by-step statements of what actions a party must take to be considered in compliance with an existing law.

Answer 3

True

Question 4

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

Question 5

Which of the following was the result in Yan Ju Wang v.George Valverde,the case in the text in which the plaintiff,a holder of a valid Class C noncommercial)driver's license,applied for a Class B commercial)driver's license but was caught cheating when taking the Class B test resulting in the revocation by the state Department of Motor Vehicles of his Class C license?

A)That although the interpretation of the Department of Motor Vehicles of state law was incorrect,federal law prohibits fraud in connection with the application to operate any motor vehicle thereby justifying the revocation of the Class C license.
B)That although the interpretation of the Department of Motor Vehicles of state law was correct,applicable federal law prohibited the revocation of a Class C license due to misconduct in regard to the testing procedures for a Class B license.
C)That the interpretation of the Department of Motor Vehicles of state law was correct and that it had the authority to revoke the Class C license.
D)That although the interpretation of the Department of Motor Vehicles of state law was correct,the department failed to satisfy applicable requirements in notifying the plaintiff of its decision in regard to the Class C license and that the department's action was therefore null and void.
E)That the interpretation of the Department of Motor Vehicles of state law was incorrect and that it had no authority to revoke the Class C license.

Question 6

Which of the following was the result at the U.S.Supreme Court level on the issue of whether,in order to address global climate change,the Clean Air Act authorizes the EPA to issue regulations involving the emission of greenhouse gases from new motor vehicles?

A)The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles unless vehicle manufacturers request guidance on the issue.
B)The Court held that regardless of whether any determination is made as to the danger posed by such emissions,the Clean Air Act authorizes the EPA,in the director's discretion,to regulate greenhouse gas emissions from new motor vehicles.
C)The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles.
D)The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that Congress determines that such gasses significantly contribute to global climate change but that since Congress has made no such determination,the EPA is powerless to act on the issue.
E)The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that it forms a judgment that such admissions contribute to climate change.

Question 7

Which of the following was the result on appeal in Murphy v.New Milford Zoning Commission,the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

A)That the court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities.
B)That the decision of the zoning commission was correct and would be upheld.
C)That the zoning commission was incorrect but that more information was needed in order to fashion a remedy.
D)That the zoning commission was incorrect and that the plaintiffs would be allowed to continue the prayer meetings.
E)That no appeal rights existed from a decision regarding zoning issues,a completely localized issue.

Question 8

Administrative law consists of procedural,but not substantive,rules.

Question 9

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

Question 10

Agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials,prior to the passage of the Administrative Procedures Act.

Question 11

In administrative agency disputes,there is no right to a jury trial.

Question 12

Informal rule making is the primary type of rule making used by administrative agencies.

Question 13

Administrative agencies are sometimes called the unofficial "fourth branch of government."

Question 14

________ create[s] more rules than ________ and the courts combined.

A)The U.S.Senate;the U.S.House of Representatives
B)Congress;administrative agencies
C)Administrative agencies;Congress
D)Administrative agencies;the U.S.Senate
E)The U.S.House of Representatives;administrative agencies

Question 15

An example of an executive agency is the Small Business Administration.

Question 16

Formal rule making is also called notice-and-comment rule making.

Question 17

Administrative agencies are located at the federal level only.

Question 18

A court will interpret a rule as requiring formal rule making,if a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required.

Question 19

Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications,licenses,permits,available information,hearings,appeals,and decision making?

A)Rule law
B)Administrative law
C)Enabling law
D)Congressional law
E)Executive law

Question 20

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

Question 21

is a federal executive agency.

A)The Federal Communications Commission
B)The Securities and Exchange Commission
C)The Federal Trade Commission
D)The Food and Drug Administration
E)The Equal Employment Opportunity Commission

Question 22

Regarding executive agencies at the federal level,which of the following is false?

A)Executive-agency heads may be discharged by the president at any time,for any reason.
B)When a new president is elected,he or she will typically place his or her appointees in charge of executive agencies.
C)Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.
D)Executive agencies are generally located within the executive branch under one of the cabinet-level departments.
E)The administrative head of an executive agency is appointed by the president with the advice and consent of the U.S.House of Representatives.

Question 23

What do the initials ALJ represent in the administrative law arena?

A)Agency Law Jurisprudence
B)Administrative Law Judge
C)Agency Legal Judge
D)Administrative Legal Journal
E)Agency Legal Jargon

Question 24

Which statement is correct regarding types of powers administrative agencies have?

A)Agencies have executive power and legislative power,but not judicial power.
B)Agencies have legislative power,but not executive power or judicial power.
C)Agencies have executive power and judicial power,but not legislative power.
D)Agencies have legislative,judicial,and executive power.
E)Agencies have legislative power and judicial power,but not executive power.

Question 25

Executive agencies are referred to as ________.

A)Adjudicative agencies
B)Approval agencies
C)Cabinet-level agencies
D)Judicial-level agencies
E)Presidential agencies

Question 26

Which statement is correct regarding reg-neg rule making?

A)It is the oldest and most accepted form of rule making involving negotiations among and between all parties before regulations are issued.
B)It is considered a form of legislative rule making by which interested parties may insist that an agency take certain action.
C)It is more formal than formal rule making and requires a vote by all identified interested parties prior to the issuance of a formal rule.
D)It is a form of rule making by which agencies may consult with other agencies before issuing informal rules so that rules of various agencies do not conflict.
E)It is a newer process by which interested groups and the agency attend sessions led by a mediator in an attempt to reach consensus.

Question 27

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

A)Procedural
B)Legislative
C)Adjudicative
D)Interpretive
E)None of these

Question 28

is an order issued by an agency to appear at a particular time and place and provide testimony.

A)A summons
B)A required documented appearance
C)A summons duces tecum
D)A subpoena
E)A subpoena duces tecum

Question 29

is an order issued by an agency to appear at a particular time and place and bring specified documents.

A)A subpoena duces tecum
B)A subpoena
C)A summons
D)A summons duces tecum
E)A required documented appearance

Question 30

Which of the following was the result in Electronic Privacy Information Center v.National Security Administration,the case in the text involving whether the National Security Council NSC)was required to respond under the Freedom of Information Act FOIA)to a request made by the plaintiff and referred to the NSC by the National Security Administration NSA)?

A)That the NSC was not subject to the FOIA but that it was required to respond to the plaintiff's request because the request was directly provided to the NSC by the NSA,an agency subject to the FOIA.
B)That the NSC was subject to the FOIA and that it was required to produce the information requested by the plaintiff.
C)That the NSC was subject to the FOIA but that the proper procedure was for the NSC to provide the documents to the NSA for review prior to production to the plaintiff.
D)That the NSC was subject to the FOIA but that it only had to respond to requests made directly to it,not to requests referred to it by another agency such as the National Security Administration NSA).
E)That the NSC was not subject to the FOIA and that it was not required to respond to the request.

Question 31

Which statement is correct regarding the type or types of rules that an agency may enact?

A)The types of rules agencies may enact are executive and interpretive.
B)The types of rules agencies may enact are procedural,interpretive,and legislative.
C)Agencies may enact interpretive rules only.
D)The types of rules agencies may enact are procedural,interpretive,legislative,and executive.
E)The types of rules agencies may enact are legislative and executive.

Question 32

is a federal independent agency.

A)The National Science Foundation
B)The Food and Drug Administration
C)The Federal Trade Commission
D)The Federal Aviation Agency
E)The Federal Deposit Insurance Corporation

Question 33

________ was the first federal administrative agency created.

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

Question 34

________ rules are rules regarding the internal operations of an agency.

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

Question 35

Which statement is correct regarding decisions of federal administrative law judges appealed into the federal court system?

A)Decisions of administrative law judges are upheld as a matter of law because there is no right of appeal into the federal court system.
B)Decisions of administrative law judges are generally upheld as a matter of law unless a jury is requested.
C)Decisions of administrative law judges are usually upheld.
D)Decisions of administrative law judges are usually reversed.
E)Decisions of administrative law judges are upheld approximately 50% of the time.

Question 36

________ rules are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility.

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

Question 37

Regarding federal independent agencies,which of the following is false?

A)The agencies are generally not located within any department.
B)The commissioners may be removed at the discretion of the president.
C)No more than a simple majority of an independent agency can be members of any single political party.
D)Independent agencies are governed by a board of commissioners.
E)The president appoints the commissioners of independent agencies with the advice and consent of the Senate.

Question 38

Federal administrative agencies are created by Congress through passage of legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

A)Agency
B)Interstate
C)Enabling
D)Administrative
E)Statutory

Question 39

Agencies are classified as either or .

A)Legislative;executive
B)Judicial;independent
C)Executive;independent
D)Legislative;independent
E)Judicial;executive

Question 40

Parties in a dispute before an administrative law judge may reach a settlement via a[n] .

A)Sealed compromise
B)Consent order
C)Approved contract
D)Administrative acknowledgement
E)Certified agreement

Question 41

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

A)Political;safety
B)Safety;social
C)Social;economic
D)Economic;safety
E)Social;political

Question 42

________ grant agencies executive power to investigate potential violations of rules or statutes.

A)Interpreting rules
B)Rule making legislation
C)Enabling statutes
D)Empowering statutes
E)Investigative authority

Question 43

After publication what would be the next step in obtaining enactment of the rules?

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

Question 44

[New Agency] Ruth just got a job as an assistant in a new federal agency called the Accounting Commission,which was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and can be removed only for cause.No more than a majority of the commissioners may be from the same political party.The 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.Ruth's boss,Odette,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.Odette 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)Legislative
B)Independent
C)Administrative
D)Executive
E)Judicial

Question 45

________ is an act passed by Congress and serves as a major limitation on how federal agencies are run.

A)The Regulatory Restriction Act
B)The Agency Restriction Act
C)The Agency Regulation Act
D)The Administrative Procedures Act
E)The Regulatory Agency Act

Question 46

Regarding the Freedom of Information Act,which statement is false?

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

Question 47

An agency's fact finding must be supported by ________,in order to be upheld in court.

A)Substantial evidence
B)A rational basis
C)Non-hearsay evidence
D)Any evidence
E)Material evidence

Question 48

Which of the following is not a basic limit on agency power?

A)Judicial
B)Statutory
C)Political
D)Approved
E)Informational

Question 49

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 politicians in states most affected by the regulations issued by the agency.
B)A belief that agency officials are unduly influenced by the desires of Congress.
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 their political party.
E)A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.

Question 50

________ are the most common types of rule making done by agencies.

A)Informational and formal
B)Formal and hybrid
C)Informal and hybrid
D)Formal and informal
E)Informational and informal

Question 51

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

A)20
B)60
C)90
D)0 because Congress does not review proposed agency rules
E)30

Question 52

Regarding the type of rule making done by agencies,which of the following is true?

A)Agencies engage in two types of rulemaking: formal and informal.
B)Agencies engage in four types of rulemaking: formal,informal,informational,and hybrid.
C)Agencies engage in three types of rulemaking: formal,informal,and hybrid.
D)Agencies engage in three types of rulemaking: informational,informal,and hybrid.
E)Agencies engage in three types of rulemaking: formal,informational,and hybrid.

Question 53

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

Question 54

________ is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings.

A)Rule making with regard to agency contracts
B)Rule-making proceedings with regard to military or foreign affairs
C)Rule making with regard to agency management or personnel
D)Rule making with regard to agency property
E)Rule-making proceedings with regard to complaints about the agency

Question 55

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

A)Hybrid
B)Compoun d
C)?Registere d
D)?Combine d
E)?Joined

Question 56

Which of the following has the power to dissolve a federal agency?

A)The Senate
B)The Administrative Regulatory Agency
C)The President
D)The House of Representatives
E)Congress

Question 57

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

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

Question 58

________ 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)Warning notices
C)Interpretive statements
D)Review statements
E)Planning notices

Question 59

The federal Freedom of Information Act applies to ________.

A)The executive staff of the White House
B)Congress
C)State or local governments
D)The federal courts
E)The Internal Revenue Service

Question 60

________ rules do not create any new rights or duties,but are rather step-by-step statements of what actions a party must take to be considered in compliance with an existing law.

A)Interpretive
B)Analysis
C)Explanatory
D)Application
E)Regulatory

Question 61

Why is informal rule making used more often than other methods?

A)It cannot be challenged.
B)It requires a formal record.
C)It requires a formal public hearing.
D)It is efficient for the agency in terms of time and cost.
E)It creates a more transparent system.

Question 62

If Talia appeals to court after she is unable to resolve the issue through the agency,what would likely be the result?

A)The court would immediately dismiss her appeal because she had no right to an appeal a decision of an agency of this type.
B)She would lose unless she could establish bias against her because of her race,color,gender,age,or national origin.
C)She would lose unless she could establish that she was singled out for unfair treatment based on a review of others in her position who pled guilty to similar charges.
D)She would lose because courts will review agency interpretations of regulations only when there is clear and convincing evidence of a factual dispute,which is nonexistent because she pled guilty to the DUI charge.
E)She would win because it appears that the agency exceeded its authority under the statute in that her DUI conviction did not involve matters,such as honesty,that the statute was meant to protect.

Question 63

Which of the following is true regarding the statement by the agency head that agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion?

A)The agency representative is incorrect because agency decisions are usually reversed unless it can be established that an appeal of an agency decision is frivolous and without reason.
B)The agency representative is incorrect because while agency actions are usually upheld,they may be reversed if the agency exceeded its power or the facts are not supported by substantial evidence.
C)The agency representative is incorrect because a court will review a dispute with an agency de novo,meaning independent basis,giving no deference to the agency decision.
D)The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be reversed if no evidence whatsoever supports the agency's interpretation of its regulation.
E)The agency representative is incorrect because agency decisions are usually reversed unless they are supported by clear and convincing evidence.

Question 64

In the case text Doe v.United States SEC,the SEC served Google with a subpoena seeking the identity of an email address linked to touting activity.Google sent the subpoena to the owner of the email address.The owner of the email address then filed a motion to quash the subpoena and information request directed at Google,which of the following was the result?

A)The court denied the motion,finding the SEC sufficiently established email ownership and it was relevant in its touting investigation.
B)The court granted the motion,finding a violation of the email address owner's First Amendment rights.
C)The court denied the motion,finding the SEC proved beyond a reasonable doubt who owned the email address.
D)The court granted the motion,finding the SEC did not meet its burden of showing how the email address was linked to the touting activity.
E)The court denied the motion because the email address owner did not have standing,Google was the only party that had standing to challenge the subpoena.

Question 65

When a case is on judicial review,which of the following can a reviewing court not consider?

A)The qualifications of the ALJ
B)The agency's interpretation of the rule
C)The facts of the case
D)The agency's ultimate decision
E)The scope of the agency's authority

Question 66

Which of the following would not be published in the Federal Register?

A)Proposed rules
B)Rules
C)Legislative history
D)Notices of federal agencies and organizations
E)Executive orders

Question 67

Which of the following is true regarding the claim of ABC Co.that the agency had no power to compel attendance and the production of documents?

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

Question 68

Which of the following is true regarding the claim of ABC Co.that agencies have no power to issue rules containing criminal penalties?

A)ABC Co.is correct.
B)ABC Co.is incorrect,and the Animal Protection Commission can enforce criminal penalties.
C)ABC Co.is incorrect,but any criminal penalties enforced by an agency may not exceed a fine of $1,000.
D)ABC Co.is incorrect regarding its claim that all agencies lack the authority to enforce 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)ABC Co.is incorrect,but any criminal penalties enforced by an agency may not exceed a fine of $10,000.

Question 69

What is the name of the government publication in which an agency publishes each proposed rule,along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process,and later publishes the final rule?

A)Federal Rules Reporter
B)Federal Register
C)Federal Reports
D)Federal Rules Register
E)Federal Reporter

Question 70

In the text case Perez v.Mortgage Bankers Association,the Department of Labor withdrew an opinion letter and issued an Administrator's Interpretation.The plaintiff filed suit claiming the Administrator's Interpretation was procedurally invalid based on prior case law which holds that an agency must use the APA's notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from a previously adopted interpretation.Which of the following was the result?

A)The agency can choose which procedures to use when it modifies a rule.
B)The agency cannot modify a rule without majority vote.
C)The agency must use the same procedures when it amended or repealed a rule as it used to issue the rule.
D)The agency must send a notice via mail to all interested parties when it modifies a rule.
E)The agency must use the notice-and-comment procedure when it modifies rules.

Question 71

[Disputed Dominion] Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was passed 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 ABC Co.to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.ABC Co.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.ABC Co.also claimed that agencies do not have the power to impose criminal penalties.The agency proceeded to issue a ruling that ABC Co.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)Agency regulation
C)Enacting legislation
D)Approving legislation
E)Administrative regulation

Question 72

Which of the following terms refers to the type of evidence required by a court to support an agency's fact finding?

A)Substantial evidence
B)Circumstantial evidence
C)Testimonial evidence
D)Direct evidence
E)Statistical evidence

Question 73

Why do some people believe informal decision making is unfair?

A)Most people believe informal decision making is fair.
B)Parties interested in the proposed rule cannot comment until the rule is already published.
C)Parties interested in the proposed rule have no notice that a rule was proposed.
D)Parties interested in the proposed rule cannot comment.
E)Parties interested in the proposed rule have no idea what types of evidence the agency has received from other sources.

Question 74

When must an agency respond to comments it receives regarding a proposed rule?

A)When the comment significantly concern the proposed rule.
B)When the comment is by an elected official.
C)An agency never has to respond to comments.
D)When the comment concerns public policy.
E)When the comment concerns the constitutionality of the proposed rule.

Question 75

In the case text Warner-Lambert Company v.United States,Warner-Lambert imported and sold cough drops.The Customs Service reclassified the cough drops as imported vitamin C supplement drops,which subjected the drops to a duty of 6.1 percent.Which of the following was the result?

A)A reviewing court can look at an agency's decision de novo and decide for itself the best statutory interpretation.
B)A reviewing court can only reverse an agency's decision if it considered improper facts.
C)A reviewing court is bound by the decision of the agency.
D)A reviewing court can reverse an agency's decision if there is a better and more applicable reasoning.
E)If a reviewing court finds the agency's construction of an ambiguous statute is reasonable,it cannot reverse the agency's decision because it would have interpreted the statute differently.

Question 76

Exemption rule making allows an agency to decide whether public participation will be allowed.Exemptions include rule-making proceedings with regard to all but which of the following?

A)Executive orders
B)Foreign affairs
C)Agency management or personnel
D)Military affairs
E)Public property,loans,grants,benefits,or contracts of an agency

Question 77

When can the administrative head of an executive agency be discharged?

A)The administrative head of an executive agency can be discharged for any reason at anytime by the president.
B)The administrative head of an executive agency can only be discharged for cause by Congress.
C)The administrative head of an executive agency can be discharged for any reason at anytime by Congress.
D)An administrative head of an executive agency can be impeached by Congress for cause.
E)The administrative head of an executive agency can only be discharged for cause by the president.

Question 78

[License Challenge] Talia was licensed by her state to train massage therapists.The state-licensing agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the state 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." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct.While driving home late one night from a party,Talia was stopped by police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the conviction,the officials of the agency met,decided that Talia might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Talia threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because,based on her admission of guilt,no factual dispute was involved.The agency official went on to say that even if an appealable issue existed,agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion.The administrative system in Talia's state is identical to the federal system.
Regarding the statement of the agency that Talia had no right to appeal to court,which statement is true?

A)The agency representative was wrong;and if Talia cannot resolve the issue within the agency,she may appeal to court for judicial review.
B)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.
C)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.
D)Because the agency was set up to protect the safety of the public,the agency representative is correct unless Talia 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.
E)Because the agency was set up to protect the safety of the public,the agency representative is correct;and Talia has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

Question 79

Which of the following is the effect of an order rendered by ALJs,who have the authority to enter an order if the parties cannot reach a settlement,which of the following is the effect of an order?

A)The order is nonbinding and cannot be appealed.
B)The order is nonbinding.
C)The order is binding and cannot be appealed.
D)The order is binding and can be appealed.
E)The order is nonbinding and can be appealed.

Question 80

What option does a party have if he or she does not appeal the ALJ's initial order within the allowed timeframe?

A)The party can refile the claim in the trial court.
B)The party can initiate mediation.
C)There are no options and the initial order becomes a final order.
D)The party can refile the claim with the agency and have it decided by a different ALJ.
E)The party can file a motion to request appeal to have the decision reviewed.