Deck 6: Administrative Law

Question 1

The Internal Revenue Service needs specific cause to order an audit of a company's tax records.

Answer 1

False

Question 2

The Fifth Amendment's protection against self-incrimination applies to all records including all those that the government requires to be kept.

Answer 2

False

Question 3

Agencies lack the authority to conduct formal adjudications.

Answer 3

False

Question 4

Administrative agencies have been referred to as the fourth branch of the U.S.Government.

Question 5

The U.S.Supreme Court has repeatedly upheld the fundamental principle that government employees acting beyond their authority can still bind the government.

Question 6

The Fifth Amendment's protection against self-incrimination does not apply to corporations.

Question 7

A rule made by a federal agency is not final until approved by Congress.

Question 8

Once an administrative process is complete,federal judicial review of agency actions is generally limited to the record compiled before the agency.

Question 9

Determining whether a regulated company or person is complying with laws and regulations cannot be a function of administrative agencies because of Congressional prohibitions.

Question 10

The general rule is that agency action is ripe for judicial review when the impact of the action is sufficiently direct and immediate as to make review appropriate.

Question 11

Failure to comply with regulations set in place by agencies may result in the imposition of fines as well as the revocation of licenses and permits.

Question 12

The U.S.Constitution does not specifically provide for administrative agencies.

Question 13

A first step in rule making requires the administrative agency to give notice to the public of its proposed rule.

Question 14

Administrative agencies have subpoena power to make mandatory requests for information.

Question 15

Libertarians claim that the greatest threat to the separation-of-powers doctrine in American history is embodied in the Patriot Act.

Question 16

Administrative rules that are not properly published in the Federal Reporter are void.

Question 17

The courts have largely obliterated the protection of the Fourth Amendment against unreasonable searches and seizures in the area of administrative law.

Question 18

Defendants are entitled to a jury trial in administrative proceedings.

Question 19

An administrative agency can adopt rules that go beyond the authority granted by Congress.

Question 20

Administrative agencies are usually part of the legislative branch.

Question 21

An administrative law judge does not have the power to

A)rule on offers of relevant evidence
B)issue subpoenas
C)call in a jury
D)authorize depositions

Question 22

Rules adopted by a federal agency are published in the

A)Federal Reporter
B)Federal Register
C)Uniform Register
D)Legislative Reporter

Question 23

Under the Patriot Act,if a federal agent investigating a terrorist threat wants to search personal belongings,then "upon an application made pursuant to (section 215 of the Patriot Act),the judge ________ enter (the order).

A)may
B)shall
C)shall upon the showing of probable cause
D)shall upon the showing of reasonable cause

Question 24

________ has been called the lifeblood of administrative agencies.

A)Rule making
B)Administrative adjudication
C)Informal discretionary action
D)Policy

Question 25

A formal administrative adjudication does not include the right to

A)a jury trial
B)an attorney
C)present your evidence
D)participate in the proceeding

Question 26

The protection of the ________ Amendment against self-incrimination does not apply to records that the government requires to be kept.

A)First
B)Fourth
C)Fifth
D)Fourteenth

Question 27

Which of the following is true regarding agency action?

A)Agencies make rules to effectuate legislative enactments.
B)Agencies resolve conflicts by formal adjudication.
C)Agencies conduct investigations regarding compliance with specific laws and regulations.
D)All the responses are correct.

Question 28

Constitutional issues raised by the creation of administrative agencies include which of the following?

A)Separation of powers.
B)Proper delegation of authority.
C)Limits imposed on agency actions by the twenty-first amendment.
D)Separation of powers and proper delegation of authority,but not limits imposed on agency actions by the twenty-first amendment.

Question 29

Which of the following is false regarding the power of administrative agencies?

A)Agencies can sign contracts.
B)A person acting on behalf of an administrative agency may bind the agency in accordance with the person's actual or apparent authority.
C)Agencies may produce products.
D)Agencies may provide benefits.

Question 30

The Patriot Act gives the ___________ branch of government broad new powers in the name of fighting terrorism.

A)executive
B)judicial
C)legislative
D)fourth (agency)

Question 31

Under the arbitrary and capricious standard,if the agency has a choice between several courses of action,a reviewing court will presume that the chosen course is

A)invalid
B)valid
C)void
D)voidable

Question 32

What was the result in Ragsdale v.Wolverine World Wide,involving whether the Department of Labor could validly institute a regulation giving an employee the right to an additional twelve weeks of family or medical leave if the employer failed to notify the employee that the twelve weeks of leave provided by the Family and Medical Leave Act ran concurrently with the thirty weeks of paid disability leave provided by the employer?

A)The U.S.Supreme Court invalidated the regulation because it granted entitlements not set forth in the Family and Medical Leave Act and that were inconsistent with the purpose of the Act.
B)The U.S.Supreme court upheld the regulation as a valid exercise of the Department of Labor's power.
C)The U.S.Supreme Court invalidated the regulation because it had not first been approved by a federal judge.
D)The U.S.Supreme Court invalidated the regulation because it had not first been approved by the executive branch.

Question 33

A final agency rule is codified and added to the ____________.

A)Code of Federal Regulations
B)Code of Uniform Regulations
C)Code of Legislative Regulations
D)Code of Federal Reporting

Question 34

What three-step procedure does an agency follow in order to promulgate rules or regulations,and in what order is the procedure performed?

A)(1)Evaluation of comments (2)notice to the public (3)adoption.
B)(1)Notice to the public (2)evaluation of comments (3)adoption.
C)(1)Voting (2)evaluation of comments (3)adoption.
D)(1)Adoption (2)notice (3)evaluation of results.

Question 35

Which requirements must be met for a court to hear an appeal of an administrative decision?

A)The matter must be ripe for hearing.
B)The decision must be published in the Code of Federal Regulations.
C)The administrative law judge must certify the case in a separate proceeding.
D)All of the responses are correct.

Question 36

The standard for judicial review of agency actions generally applied requires the court to

A)always accept agency interpretations of the law.
B)refuse to hear cases that have already been adjudicated by agencies.
C)uphold agency actions that are not arbitrary and capricious.
D)litigate the case from the beginning.

Question 37

The first Congress established ____ administrative agencies.

A)one
B)ten
C)no
D)three

Question 38

The protection of the ________ Amendment against unreasonable searches and seizures has been largely obliterated by the courts in the area of administrative law.

A)First
B)Fourth
C)Fifth
D)Seventh

Question 39

Reasons for creating administrative agencies include:

A)Congress lacks the time to address all of the areas that it controls.
B)Congress lacks the necessary expertise in all of the areas it controls.
C)Congress does not have the power to regulate certain areas.
D)Both that Congress lacks the time to address all of the areas that it controls and that Congress lacks the necessary expertise in all of the areas it controls.

Question 40

The U.S.government has adopted __________,to facilitate seeking consensus of the most affected groups regarding the substance of new regulations,a process which arose from the Japanese style of negotiation.

A)administrative review
B)federal mediation
C)regulatory negotiations
D)rule arbitration

Question 41

The requirement of exhaustion of administrative remedies is waived when

A)exhaustion would result in irreparable harm.
B)exhaustion would be futile.
C)the plaintiff asserts a colorable constitutional claim collateral to the substantive issues of the administrative law proceeding.
D)all of the responses are correct.

Question 42

The federal statute authorizing individuals to obtain copies of government records on any subject that is of interest is known as

A)the Federal Register
B)the Code of Federal Regulations
C)the Freedom of Information Act
D)discovery

Question 43

Explain the process that an administrative agency must follow to create and implement a new rule.

Question 44

Fact pattern 6-2
Officials of the town of Sunnyville were concerned about the number of dogs running loose.They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public.Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one.He,however,thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted.Mona was also concerned about the law.She rents a home with a fence in the backyard that was in public view.She was concerned that the regulation would be applied to her dogs while in the fenced area.She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her.Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule.
Refer to fact pattern 6-2.Which of the following is the best defense the city has against the lawsuit brought by Tony?

A)That Tony lacks standing to sue.
B)That courts have no authority to determine the validity of agency rules.
C)That Tony lacks permission of the agency to sue since authorization of the agency is required prior to a lawsuit challenging the validity of an agency regulation.
D)That Tony has not lived in the jurisdiction for at least a year since residence in the jurisdiction for at least a year is required in order to challenge the validity of a local regulation.

Question 45

When an administrative agency adopts a regulation,it becomes binding on the

A)agency
B)public
C)Congress
D)the agency and the public,but not Congress

Question 46

________ by administrative agencies provide a practical decision-making process for repetitive,frequent actions that are inappropriate to litigate in courts.

A)De novo decisions
B)Informal discretionary actions
C)Formal rule making
D)none of the responses are correct

Question 47

Which of the following is true regarding review of agency procedures?

A)Agency procedures are not required to conform to the requirements of the Due Process Clause.
B)Federal courts set agency procedures.
C)A court may require that an agency comply with its own procedural rules.
D)Both that federal courts set agency procedures and that a court may require that an agency comply with its own procedural rules.

Question 48

A court will require an agency to comply with its own procedural rules and thus conform to the

A)due process clause
B)Seventh Amendment
C)both the due process clause and the Seventh Amendment
D)neither the due process clause nor the Seventh Amendment

Question 49

Federal administrative agencies are normally created by

A)Congress
B)the President
C)the Supreme Court
D)the United States Constitution

Question 50

Statutes and agency rules often provide that courts performing judicial review of agency action may not rule on which of the following issues?

A)issues raised with the agency and won.
B)issues raised with the agency and lost.
C)issues raised with the lower courts and lost.
D)issues not raised with the agency.

Question 51

Fact pattern 6-1
Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math.After a hearing,the agency determined that Bruce had no aptitude for math and that he would not receive any funding.Bruce,however,was not discouraged.He told his friend Laura,who just graduated from law school,that he would simply appeal the decision to federal court,have the judge do a fresh review,and provide additional information to the judge regarding his math aptitude that the agency did not have.He feels certain that he will win at the federal court level.
Refer to fact pattern 6-1.What should Laura tell Bruce regarding his plan to provide additional evidence to the federal court judge?

A)That his plan is a good one and that the judge will consider the additional evidence.
B)That judicial review will likely be confined to the record compiled before the agency.
C)That he will only be allowed to present sworn affidavits for additional judicial review.
D)That he will only be allowed to present additional test scores for additional judicial review.

Question 52

Critics of administrative agencies claim that they violate the doctrine of separation of powers.Explain the basis for this criticism.Explain why agencies are so prevalent despite the absence of any explicit provision for their existence in the Constitution.Discuss fully.

Question 53

After the passage of the National Environmental Policy Act,

A)each federal agency assumed a new procedural obligation to consider the environmental impacts of its proposed actions and the alternatives to those impacts.
B)each federal agency had to take "substantial" steps to reduce any environmental harm caused by it.
C)each federal agency had to take "reasonable steps to reduce any environmental harm caused by it.
D)each federal agency had to seek approval from the applicable state legislature before taking action that would have an environmental impact in that state.

Question 54

Brianna is in charge of new federal agency set up to monitor farming operations.The agency wishes to institute a rule regarding the use of pesticides.Brianna tells her associates to publish the proposed rule but to decline taking comments on the rule because she does not want to deal with unhappy farmers.Assuming you are legal counsel to the agency,what would you tell Brianna regarding her plan to refuse comments on the proposed rule?

A)That her plan is a bad one because the Administrative Procedure Act requires that the public be given an opportunity to comment before a federal agency can promulgate a rule.
B)That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment,it does require that agencies take public comments when food safety is involved.
C)That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment,it does require that agencies take public comments in all cases other than rule involving taxation.
D)That her plan is a good one.

Question 55

Which categories of documents in the federal government's possession may the government refuse to provide for public inspection under the Freedom of Information Act?

Question 56

Which of the following is not exempt from a Freedom of Information Act request?

A)records related solely to the internal personnel rules and practice of an agency.
B)reports prepared by Congress regarding the regulation of an agency.
C)trade secrets or confidential commercial and financial information.
D)information compiled for law enforcement purposes.

Question 57

Discuss fully the standard used to review an agency's factual findings in formal adjudications.

Question 58

Fact pattern 6-2
Officials of the town of Sunnyville were concerned about the number of dogs running loose.They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public.Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one.He,however,thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted.Mona was also concerned about the law.She rents a home with a fence in the backyard that was in public view.She was concerned that the regulation would be applied to her dogs while in the fenced area.She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her.Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule.
Refer to fact pattern 6-2.Of the following arguments,which is the best for the city to raise in the lawsuit brought by Mona?

A)That courts have no authority to determine the validity of agency regulations.
B)That the issue is nor ripe for determination.
C)That Mona must be a property owner in the jurisdiction in order to challenge the agency regulation.
D)That Mona is guilty of self incrimination.

Question 59

Fact pattern 6-1
Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math.After a hearing,the agency determined that Bruce had no aptitude for math and that he would not receive any funding.Bruce,however,was not discouraged.He told his friend Laura,who just graduated from law school,that he would simply appeal the decision to federal court,have the judge do a fresh review,and provide additional information to the judge regarding his math aptitude that the agency did not have.He feels certain that he will win at the federal court level.
Refer to fact pattern 6-1.Assuming the decision by the administrative agency was a factual finding,what should Laura tell Bruce regarding the standard of review the administrative agency will likely apply?

A)That the agency will likely apply a de novo,or new,review.
B)That the agency will likely apply an arbitrary and capricious standard in any review.
C)That the agency will likely apply a substantial evidence standard in any review.
D)That the agency will likely apply a preponderance of the evidence standard in any review.

Question 60

The president of a company wishes to comment on a proposed administrative agency rule.What does a comment letter usually contain?

Question 61

What are the seven basic steps referenced in the text for working successfully with an administrative agency?