Deck 5: Administrative Law

Question 1

Under a Freedom of Information Act request, a member of the public can obtain all information in the files of a federal agency.

Answer 1

False

Question 2

Reverse FOIA suits are suits by agencies to stop disclosures.

Answer 2

False

Question 3

An administrative agency is neither a legislative nor a judicial body.

Answer 3

True

Question 4

The Federal Register is a daily update of changes and proposed changes in the Code of Federal Regulations.

Question 5

Hearings are required in all federal rule proposals.

Question 6

Formal rule making requires publication of proposed rules.

Question 7

Law enforcement agencies are exempt from the Federal Privacy Act.

Question 8

Before administrative agencies' rules become law, there must be congressional approval.

Question 9

The Government in the Sunshine Act is often referred to as an open-meeting law.

Question 10

During the public comment period for a proposed rule, only affected businesses can make comments.

Question 11

The Federal Register Act is part of the Administrative Procedures Act.

Question 12

The Code of Federal Regulations contains all the regulations of federal agencies.

Question 13

The Government in the Sunshine Act applies to all federal administrative agencies.

Question 14

To withstand challenges, proposed agency rules must be supported by some studies or evidence.

Question 15

Administrative agencies are created by some legislative body.

Question 16

Administrative agencies serve as courts for hearings on rule violations.

Question 17

The U.S. Government Manual contains information on national and regional agency offices.

Question 18

The Federal Privacy Act restricts the free exchange of information among federal agencies.

Question 19

An enabling act is an act approving rules promulgated by an administrative agency.

Question 20

The Freedom of Information Act is part of the Administrative Procedures Act.

Question 21

An ultra vires challenge is a challenge of the agency's jurisdictional authority on a rule.

Question 22

Only businesses can provide input during the comment period of rule making.

Question 23

The Department of Labor Relations Boards is an Executive Department.

Question 24

An administrative agency is a statutory creation within the executive branch.

Question 25

A rule is arbitrary and capricious if there is no evidence to support its promulgation.

Question 26

Administrative agencies have no authority to act unless a property right has been infringed.

Question 27

Both formal and informal rule-making processes include public hearings.

Question 28

Appeals of federal administrative agency decisions go to federal district court.

Question 29

Inspections by administrative agencies require a search warrant unless the business owner gives permission.

Question 30

The Department of Homeland Security has authority over terrorism issues, but not natural disasters.

Question 31

An FOIA request can be denied if national security information is involved.

Question 32

Due process rights before an administrative agency require that formal trials be held before rights are taken away.

Question 33

Many federal agencies use licensing as a means of enforcement.

Question 34

Inspections are a means of enforcement for administrative agencies.

Question 35

City governments cannot create administrative agencies.

Question 36

An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.

Question 37

The decision of an administrative law judge can be appealed to the agency heads.

Question 38

Hearings conducted by agencies for enforcement purposes need not provide due process for the parties.

Question 39

Law enforcement purposes are an exception to the prohibited exchanges of information among agencies under the Federal Privacy Act.

Question 40

Informal rule making is not permitted for promulgation of rules.

Question 41

Appeals of federal agency decisions to courts of appeal require a grant of certiorari .

Question 42

Federal agencies do not have the authority to issue fines.

Question 43

Exhausting administrative remedies is suggested, but not required, before litigation.

Question 44

The Government in the Sunshine Act requires advance notice of agency meetings and hearings.

Question 45

Federal agencies are not allowed to charge fees for copies of reports released under the Freedom of Information Act.

Question 46

The Federal Register System provides the means for the Government in the Sunshine Act notices and publication of agency rules and procedures.

Question 47

An agency that fails to investigate the issues before proposing a rule has acted arbitrarily and capriciously.

Question 48

A reverse FOIA suit is:

A)one brought by an administrative agency.
B)a suit to stop disclosure of information.
C)not available at the federal level.
D)a suit brought by an agency against another agency.

Question 49

An FOIA request:

A)is a request made by a citizen for agency information.
B)is an intergovernmental agency request for information about citizens.
C)can request any information in an agency's file.
D)may not require the payment of copy fees.

Question 50

A public comment period must be a minimum of 30 days.

Question 51

All administrative agencies:

A)are at the federal level.
B)promulgate regulations.
C)are created by the U.S. President.
D)are under sunset laws.

Question 52

The Administrative Procedures Act requires each federal agency to decide what procedures will be used for promulgating new regulations.

Question 53

If an administrative agency decides to withdraw proposed rules after the comment period, it must have another comment period concerning the decision to withdraw the proposed rules.

Question 54

Only published agency information can be obtained through a Freedom of Information Act request.

Question 55

Enabling acts:

A)are regulations of administrative agencies.
B)are nonlegislative provisions.
C)establish administrative agencies and their authority.
D)must contain sunset provisions.

Question 56

The Code of Federal Regulations is published every business working day.

Question 57

Administrative laws and agencies seldom impact the business world directly.

Question 58

Government in the Sunshine Act is another name for the Freedom of Information Act.

Question 59

Only consumers have rights of comment during the public comment period.

Question 60

Comment periods are not required for modifications of rules, only new rules.

Question 61

"Reverse FOIA suits" are:

A)lawsuits brought by federal agencies to stop disclosure of information.
B)suits challenging the constitutionality of the FOIA.
C)suits by citizens brought to enforce their rights in FOIA requests.
D)None of the above

Question 62

Enforcement of federal administrative regulations:

A)is a function of the executive branch.
B)is a function of the Justice Department.
C)is part of the agency's role.
D)None of the above

Question 63

The Federal Privacy Act:

A)is the same as the Regulatory Flexibility Act.
B)does not apply to medical and employment histories.
C)is part of the Administrative Procedures Act.
D)applies to all law enforcement information exchanges.

Question 64

Which of the following is not an exemption for following the disclosure requirements under the Federal Privacy Act?

A)Medical records
B)FBI investigations
C)SEC stock-trading records
D)Congress

Question 65

Which of the following is not grounds for challenging an administrative regulation?

A)Arbitrary and capricious
B)Lack of substantial evidence
C)Ultra vires
D)Lack of a congressional hearing

Question 66

Sanctions that can be imposed by agencies include:

A)injunctions.
B)fines.
C)loss of license.
D)All of the above

Question 67

Notice of a proposed federal regulation in The Federal Register need not contain:

A)the name of the proposing agency.
B)the statutory authority for promulgating the rules.
C)the environmental impact of the proposal.
D)the language or the proposed rule or a summary.

Question 68

Which of the following is not an example of an enabling act?

A)Government in the Sunshine Act
B)Securities Exchange Act of 1934
C)Federal Trade Commission Act
D)Occupational Safety and Health Act

Question 69

The Federal Register averages about _____ pages of proposals and notices every working day.

A)700
B)7,000
C)2,500
D)250

Question 70

Which of the following meetings would be subject to the open-meeting provisions of the federal Sunshine laws?

A)A meeting of the staff attorneys of the SEC enforcement division
B)A meeting of the division heads of the Federal Trade Commission
C)A meeting of the nine justices of the U.S. Supreme Court
D)A meeting of three of the five commissioners of the Federal Aviation Administration

Question 71

The Government in the Sunshine Act:

A)is often called an open-meeting law.
B)applies to federal agencies whose heads are appointed by Congress.
C)requires all agency meetings to be public.
D)applies to congressional committee meetings.

Question 72

Which of the following is not part of the Administrative Procedures Act?

A)Freedom of Information Act
B)Federal Privacy Act
C)Government in the Sunshine Act
D)Federal Register Act

Question 73

The National Transportation Safety Board has proposed a new regulation that would require children under the age of two to be strapped into car seats in their own seats on airplanes. Currently, children under the age of two are nonpaying passengers who ride on their parents' laps. What opportunities will airlines and parents have for input on the proposed rule?

A)They can write their congressional representatives.
B)They can send in comment letters to the NTSB.
C)They can seek a presidential veto.
D)They can go to court to block the proposal.

Question 74

Formal rule making differs from informal rule making in:

A)public notice is required for formal rule making not informal.
B)a public comment period is needed for formal rule making but not informal.
C)no modification period exists in formal rule making.
D)None of the above

Question 75

The Regulatory Flexibility Act:

A)created the process of hybrid rule making.
B)requires publication of rule notices in trade magazines.
C)requires a six-month comment period in formal rule making.
D)allows regulators to promulgate rules without prior notice.

Question 76

Ralph Watkins is the president of Animal Crackers, Inc. Animal Crackers operates childrens' clothing stores. Ralph has just received notice of charges by the Federal Trade Commission (FTC)against Animal Crackers for deceptive advertising. Watkins wishes to know the company's rights. Which of the following statements is true?

A)Animal Crackers is entitled to a jury trial.
B)Animal Crackers could dispose of the matter through a consent decree.
C)Animal Crackers is facing criminal charges.
D)Animal Crackers will have a 30-day comment period.

Question 77

A consent decree is:

A)comparable to a not guilty plea.
B)comparable to a nolo contendere plea.
C)a guilty plea to agency charges.
D)not made public.

Question 78

Which of these can create an administrative agency?

A)Congress
B)State legislature
C)City government
D)All of these

Question 79

The Federal Privacy Act:

A)prohibits release of information (by public agencies)on individuals.
B)does not apply to all agencies.
C)provides a disclosure exemption for law enforcement purposes.
D)does not cover medical records.

Question 80

Appeals from federal administrative agency decisions go:

A)to federal district court.
B)to U.S. Court of Appeals.
C)directly to the U.S. Supreme Court.
D)None of the above