Deck 6: Administrative Law

Question 1

Administrative agencies can exist at any level of government.

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

Through deregulation the total number of pages of published federal regulations has decreased each year since 1985.

Question 6

Reverse FOIA suits are suits by agencies to stop disclosures.

Question 7

Law enforcement agencies are exempt from the Federal Privacy Act.

Question 8

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

Question 9

The Privacy Act is part of the Administrative Procedures Act.

Question 10

Administrative agencies serve as courts for hearings on rule violations.

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

Formal rule making requires publication of proposed rules.

Question 17

Administrative agencies are created by some legislative body.

Question 18

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

Question 19

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

Question 20

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

Question 21

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

Question 22

The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed.

Question 23

Hearings are required in all federal rule proposals.

Question 24

A sunset law creates an agency for a limited time period.

Question 25

A consent decree is similar to a nolo contendere plea.

Question 26

Informal rule making does not require publication of proposed rules.

Question 27

Administrative remedies must be exhausted before a court will review agency actions.

Question 28

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

Question 29

The Federal Register System includes the Federal Register,the Code of Federal Regulations,and the United States Code.

Question 30

An ex parte contact is prohibited in administrative hearings.

Question 31

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

Question 32

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

Question 33

Administrative agencies do not permit intervenors to appear in hearings.

Question 34

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

Question 35

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

Question 36

Once a rule is proposed,it cannot be withdrawn.

Question 37

Many federal agencies use licensing as a means of enforcement.

Question 38

The Regulatory Flexibility Act allows agencies flexibility in rule making by not requiring publication of proposed rules.

Question 39

Because of Earl Devaney's ethical stances as Inspector General for the Department of Interior he has never held another position with the federal government.

Question 40

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

Question 41

Federal agencies do not have the authority to issue fines.

Question 42

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

Question 43

Informal rulemaking is not permitted for promulgation of rules.

Question 44

The United States has about as many or fewer administrative agencies as does its major trading partners.

Question 45

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

Question 46

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

Question 47

By law,there are exactly twelve independent agencies that report to the Office of the President.

Question 48

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

Question 49

Licensing and inspection are the only enforcement tools of administrative agencies.

Question 50

Both formal and informal rulemaking processes include public hearings.

Question 51

Only businesses can provide input during the comment period of rulemaking.

Question 52

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

Question 53

Under the FOIA,agencies are not permitted to charge for copying costs.

Question 54

Under the federal sunshine laws,agency staff members may hold meetings without notice.

Question 55

Only businesses can provide input in the formal rulemaking process.

Question 56

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

Question 57

Inspections are a means of enforcement for administrative agencies.

Question 58

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

Question 59

An agency's withdrawal of a rule without factual support for its need for withdrawal has acted arbitrarily and capriciously.

Question 60

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

Question 61

The 30-day comment period can be waived for emergency rulemaking.

Question 62

Personnel records are an exception to the prohibited exchanges of information among agencies under the Federal Privacy Act.​

Question 63

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

Question 64

Giving gifts to members of the executive branch can result in criminal prosecution.​

Question 65

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 66

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

Question 67

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 68

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 69

Which of the following is not exempt from an FOIA request?

A)national defense or foreign policy information
B)internal agency policies on copy charges
C)trade secrets
D)investigation records

Question 70

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 71

Formal rulemaking differs from informal rulemaking in:

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

Question 72

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

Question 73

The Administrative Procedures Act includes:

A)the Freedom of Information Act.
B)the Federal Register Act.
C)zero-base budgeting.
D)enabling legislation.

Question 74

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 75

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 76

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

Question 77

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 78

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 79

The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency.

Question 80

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.