Deck 5: Administrative Law

Question 1

Administrative agencies are the primary interpreters and enforcers of many statutes that focus on business regulation.

Answer 1

True

Question 2

Issues of due process often arise when administrative agencies apply their rules in ways that concern property or other important rights affected by government.

Answer 2

True

Question 3

Administrative agency rulings affect business firms,but not individual persons.

Answer 3

False

Question 4

Independent agencies are led by officials who cannot be dismissed by the president,except for cause.

Question 5

Administrative agencies apply much stricter standards regarding the admission of evidence in hearings than do the courts.

Question 6

Regulations adopted by federal administrative agencies are published regularly in the Federal Register.

Question 7

The Securities and Exchange Commission responsibilities include investigating and regulating the financial reporting of publicly traded companies.

Question 8

The "Government-in-the-Sunshine" law prohibits certain agency meetings from being held in secret.

Question 9

Executive functions of an administrative agency might include the power to investigate and to seek fines for violations of administrative regulations.

Question 10

Important moves to deregulate the airline,railroad,trucking,communications (radio,television,and telephone)and energy industries portend an end to the administrative agencies that have regulated these fields in the past.

Question 11

The types of rules that an agency may create include regulations,interpretative rules,procedural rules,and standards.

Question 12

During the decades of the '60s and '70s,the third major wave of administrative law development occurred.

Question 13

Traditional rules of procedural law (e.g. ,the exclusion of hearsay evidence)as applied in court trials need not be followed in administrative hearings.However,all litigants must be assured fundamental due process of law.

Question 14

The National Labor Relations Board is charged with investigating and protecting against discrimination in the work place.

Question 15

An independent administrative agency does not have unlimited power,its authority is limited by its enabling statute.

Question 16

An agency that derives it power solely as an extension on one branch of government,and is controlled by that branch of government is not an independent administrative agency.

Question 17

The validity of regulations depends on certain strict requirements being met,including that the rule is consistent with the U.S.Constitution.

Question 18

The Administrative Procedure Act

Question 19

The first major independent administrative agency created at the federal level was the Veteran's Administration.

Question 20

Rulemaking is akin to a legislative power,whereas administrative hearings are akin to adjudication.

Question 21

If the Environmental Protection Agency created a requirement that all automobile owners in the United States subject their vehicles to strict emissions testing and limits,the adoption those requirements would be rulemaking and could not occur without an opportunity for vehicle owners to comment on the requirement before it was adopted.

Question 22

A(n)federal administrative agency is led by officials who cannot be
dismissed by the president except for cause.

Question 23

Courts are reluctant to interfere with the regulatory process,hoping the agency will correct its own mistakes.This policy requires a complaining claimant to exhaust all available
before resorting to the courts for relief.

Question 24

The first major independent administrative agency was the ,created in 1887 to
end certain abuses common in the railroad industry.

Question 25

The Department of Education is an independent administrative agency.

Question 26

An administrative agency begins when a(n)is passed by Congress,and
signed by the president,creating the administrative agency.

Question 27

Inspections of nuclear reactors at utility plants do not require a(n)before an
involuntary agency inspection.

Question 28

Rules or promulgated by an administrative agency under authority given to
the agency by the enabling statute.

Question 29

The is given the power to regulate discrimination in the work place.

Question 30

If a court has the power to conduct a new proceeding when reviewing an administrative action it is
referred to as a(n).

Question 31

The is the official publication of the federal government for all agency
regulations.

Question 32

It is unconstitutional for the legislative branch of government to delegate power to the executive branch.

Question 33

The law prohibits secret agency meetings.

Question 34

A plaintiff must have to contest an administrative action in court.

Question 35

Federal administrative agencies are often empowered with a combination of ,
,and powers to accomplish the work of government with
greater efficiency than would be possible if the tasks were performed directly by the Congress.

Question 36

The power to records is one of the important investigative tools available to
administrative agencies.

Question 37

The ,provides mandatory guidelines to be followed by most federal
administrative agencies in carrying out their assigned missions.

Question 38

The APA allows a court to prevent or undo any unauthorized action by an agency through______of most agency actions.

Question 39

The requires the federal government to disclose most "records" to "any
person" on request.

Question 40

A(n)is a government employee who is appointed to hear administrative cases.

Question 41

A fair hearing before an administrative agency should include all of the following except

A)an opportunity to be aware of the evidence against you.
B)the right to counsel.
C)a formal record of the proceedings.
D)an automatic right to a new trial if you are the losing party at an administrative hearing.

Question 42

Which of the following is a basic function of most administrative agencies?

A)investigation
B)enforcement
C)rulemaking
D)all of the above

Question 43

Ideally,members of regulatory boards should be experts on the problems of the industry being regulated,therefore staff members and board members are

A)often recruited from the industry being regulated.
B)temporary appointees and often return to the industry being regulated after serving in the administrative agency.
C)frequently paid more in private industry than as employees of regulatory agencies.
D)all of the above

Question 44

Official notice of a proposed regulation from an administrative agency is published in the

A)Federal Register.
B)Administrative Procedure Protocol.
C)National Law Journal.
D)Wall Street Journal.

Question 45

Which of the following is an incorrect statement about agency rules and regulations?

A)Interpretive rules are statements and opinions issued by an agency,explaining how the agency interprets and intends to apply the law it enforces.
B)Interpretive rules do not have the force of a rule of law.
C)Interpretive rules have the same force as a rule of law.
D)Procedural rules describe an agency's methods of operation and establish procedures for dealing with the agency.

Question 46

Critics of regulatory agencies generally object to agency rules and restrictions for all except which one of the following reasons?

A)too loyal to Congress
B)voluminous paperwork
C)high cost of compliance with agency rules
D)bureaucratic red tape

Question 47

Which is the most recent innovation in the method by which an agency creates regulations?

A)The agency invites representatives of all concerned parties,usually businesses,to meet to assist the agency in drafting the proposed rule.This process is called negotiated rule making.
B)The agency staff studies the problem and reaches a tentative solution,publishing it in P.Richards Almanac as a proposed rule,giving the public the opportunity to comment before federal district courts.
C)The agency holds a hearing asking each competing interest to present a draft of the proposed regulation.The agency considers each draft as well as supporting testimony and selects the best from among those submitted.
D)Congress includes the regulations in the National Agency Empowerment statute.

Question 48

Agency power is balanced by certain available external controls.They include

A)judicial power to review agency actions.
B)the ability of a state government to veto unconstitutional federal action.
C)the United Nations Security Council.
D)Government-in-the-Sunshine laws.

Question 49

In the landmark case of Goldberg v.Kelly,Kelly was a New York City resident receiving welfare aid under the federal program,Aid to Families with Dependent Children (AFDC).The New York City Social Service agency terminated her benefits.The agency told Goldberg that she could request a formal hearing after her benefits were terminated.She sued claiming she had a right to a hearing before her AFDC benefits were terminated.The U.S.Supreme Court held

A)as welfare benefits provide food,clothing,and shelter,Kelly had a "due process" right to a hearing before termination.
B)as welfare benefits are not a property owned by Kelly,she did not have a right to a hearing prior to the revocation of welfare benefits.
C)that Kelly had a right to a hearing before the Supreme Court before welfare benefits could be denied.
D)that Kelly had a right to a hearing 30 days after the termination of welfare benefits to determine if the agency had applied the qualification rules correctly.

Question 50

Which two administrative agencies at the federal level share jurisdiction to enforce laws against monopoly,price fixing,and various unfair trade policies?

A)the Civil Rights Commission and the Justice Department
B)the Federal Aviation Administration and the National Labor Relations Board
C)the Civil Rights Commission and the Equal Employment Opportunity Commission
D)the Federal Trade Commission and the Antitrust Division of the Justice Department

Question 51

Federal agency rule-making powers are governed primarily by

A)the Freedom of Information Act.
B)circuit court judges.
C)the Administrative Procedure Act.
D)administrative law judges.

Question 52

Judge Henry Friendly identified eleven attributes of a fair hearing.Which one of the following is not among those discussed by Judge Friendly?

A)an unbiased tribunal
B)right to a jury trial
C)right to call witnesses
D)statement of reasons for the decision

Question 53

The Federal Trade Commission (FTC)was created by the Federal Trade Commission Act of 1914. The act prohibits unfair and deceptive trade practices,describes the procedures the agency must follow to charge violators,provides for judicial review of agency actions,provides the power to investigate,and the power to make rules and regulations.The law creating this agency is called a(n)

A)Administrative Procedure Act.
B)Constitution.
C)enabling statute.
D)due process requirement.

Question 54

The agency gave a ,to forbid the companies continuation of the misleading
advertising.

Question 55

A de novo review is

A)an appeal on the record.
B)an entire new proceeding following an initial decision by an administrative agency.
C)an appeal before the highest hearing body.
D)review by the president.

Question 56

The process of is the eliminating,reducing or restructuring the control of an
industry.

Question 57

Many federal and state agencies gather information through on-site inspections.Sometimes a search of a home,an office,or a factory is a way to get evidence to prove a regulatory violation.In connection with these inspections,and the constitutional right to freedom from illegal search and seizure,

A)administrative agencies,like the police,must generally (but not always)comply with the search and seizure provisions of the Fourth Amendment.
B)the Fourth Amendment prohibitions against illegal search and seizure do not apply to administrative agencies and they can generally search without a warrant.
C)the Fourth Amendment applies to administrative agencies,but it does not apply to civil servants and so they are free to search without a warrant.
D)agencies need a search warrant only when they intend to follow their administrative actions with a criminal prosecution.

Question 58

Which of the following was not one of the reasons why the Interstate Commerce Commission was created by Congress?

A)There was frenzied railroad financing.
B)Railroad rates discriminated among shippers.
C)The transcontinental railroad needed completion.
D)Cutthroat competition between eastern and western railroads affected profits.

Question 59

Which independent administrative agency regulates working conditions in privately owned factories and other work places?

A)Office of Safety and Health Administration (OSHA)
B)Federal Trade Commission (FTC)
C)Environmental Protection Agency (EPA)
D)Federal Communications Commission (FCC)

Question 60

Which of the following is true about administrative hearing officers (and administrative law judges)and the work they perform?

A)They have never worked for the very agency that is prosecuting the case that they will ultimately decide.
B)Private communication between the administrative law judge and anyone who is a party to an agency proceeding is encouraged.
C)An administrative law judge is a private accountant appointed to hear administrative cases.
D)administrative law judges are usually attorneys.

Question 61

Joy had received five speeding tickets within one year.She was notified by her state's Department
of Motor Vehicles that her license was suspended for six months but that she could appeal the suspension before a department hearing officer.Joy immediately filed a lawsuit claiming the suspension of her license violated her constitutional rights.Will her lawsuit be allowed?

Question 62

Identify three bases by which a party can seek judicial review of adverse agency action.

Question 63

Which of the following is not currently regarded as a viable method of imposing accountability on administrative agencies?

A)the political influence of Congress and the president
B)the "legislative" veto whereby one house of Congress can override agency rulemaking
C)"sunshine" laws
D)judicial review

Question 64

Explain in what ways universities and colleges engage in behavior analogous to that of regulatory
agencies.(Students are generally aware of regulatory and controlling behavior in their own college or university. )

Question 65

Discuss the arguments for a systematic reduction in regulation by government agencies.

Question 66

Describe the major powers of a typical administrative agency.

Question 67

The law that requires the federal government to disclose most "records" to "any person" on request is called the

A)Administrative Procedure Act.
B)Regulatory Flexibility Act.
C)Government-in-the-Sunshine Act.
D)Freedom of Information Act.

Question 68

Which of the following is not a characteristic of an independent administrative agency?

A)The members of the governing board or commission are appointed for life.
B)The agency derives power from an enabling statute.
C)The agency has powers similar to or derived from all three branches of government
D)The agency is subject to judicial review of its decisions and actions by the judiciary.

Question 69

In a society such as ours that promotes the primacy of free market economics (free enterprise),why do we have a regulatory agency such as the Federal Trade Commission?

Question 70

Distinguish between an independent administrative agency and an executive department.

Question 71

Explain what role administrative law and administrative agencies have had or will have in
protecting the environment.Why is that role practically necessary?

Question 72

Briefly explain the degree and type of control that each branch of the federal government (legislative,executive,and judicial)has over independent administrative agencies.

Question 73

Distinguish between an administrative agency's interpretive and procedural rules.