Deck 5: Administrative Law

Question 1

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

Answer 1

True

Question 2

Administrative agencies often exercise judicial, executive, and legislative powers.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

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 8

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

Question 9

By definition independent administrative agencies operate apart from the traditional legislative- -executive-judicial branches of government, yet possess powers normally exercised by all three branches.

Question 10

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 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

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

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

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

Question 19

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 20

The Administrative Procedure Act (APA) allows judicial review of most agency action.

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

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 23

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 24

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 25

An administrative agency may have the power to

A)impose civil sanctions.
B)impose criminal sanctions.
C)amend a constitution.
D)deny the authority of a lawful court order.

Question 26

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 27

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

Question 28

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 29

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

Question 30

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 31

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

Question 32

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

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

Question 33

Independent administrative agencies, such as the National Labor Relations Board (NLRB), are subject to constraints by the

A)legislature, which may restrict, modify, or eliminate the agency.
B)executive, which may affect the philosophy of the agency's governing board through the appointment of members.
C)judiciary, which may overrule decisions of the agency as arbitrary and/or unconstitutional.
D)all of the above

Question 34

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 35

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 36

The Department of Education is an independent administrative agency.

Question 37

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 38

The right to qualified representation in an administrative hearing is important. Which is the correct statement about such representation in administrative hearings?

A)Most administrative hearings will not allow a party to be represented by counsel.
B)If the person cannot afford representation, all agencies will provide it.
C)Most administrative hearings will allow a party to be represented by counsel.
D)If counsel or representation is allowed, then a party must use an attorney.

Question 39

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 40

Many administrative agencies are delegated quasi-adjudicative authority. This authorizes agencies to

A)decide cases or disputes between private parties and government.
B)propose internal guidelines that have the force of law when finally approved.
C)propose rules and regulations and hold hearings concerning their appropriateness.
D)not do any of these things.

Question 41

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

Question 42

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 43

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 44

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 45

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 46

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 47

The FOIA covers records held by:

A)The executive branch of government.
B)Congress.
C)The judicial branch of government.
D)Private companies that have government contracts.

Question 48

Which of the following agencies supervise union-management relationships and is charged with preventing unfair labor practices?

A)EEOC
B)NLRB
C)ERISA
D)EPA

Question 49

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

Question 50

The first major independent administrative agency was the

A)Interstate Commerce Commission (ICC).
B)Securities and Exchange Commission (SEC).
C)Federal Communications Commission (FCC).
D)National Labor Relations Board (NLRB).

Question 51

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

Question 52

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 53

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 54

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

Question 55

During which presidential administration was there the greatest expansion of governmental regulation?

A)William J. Clinton
B)George W. Bush
C)Franklin D. Roosevelt
D)Richard M. Nixon

Question 56

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 57

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 58

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

Question 59

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 60

Which of the following statutes requires most federal agencies to open their meetings to the public?

A)Freedom of Information Act
B)Privacy Act
C)Sunshine Act
D)Open Records Act

Question 61

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

Question 62

Describe the major powers of a typical administrative agency.

Question 63

The _______________ law prohibits secret agency meetings.

Question 64

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

Question 65

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

Question 66

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

Question 67

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 68

Distinguish between an independent administrative agency and an executive department.

Question 69

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

Question 70

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

Question 71

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

Question 72

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

Question 73

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

Question 74

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 75

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

Question 76

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 77

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

Question 78

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

Question 79

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

Question 80

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.