Deck 43: Administrative Law

Question 1

Every time the legislature enacts legislation, an existing administrative agency must oversee the new law or a new agency must be created to oversee it.

Answer 1

True

Question 2

The statutes that create an agency or give the agency explicit authority to implement a statute are called disabling statutes.

Answer 2

False

Question 3

The constitutional authority of administrative agencies fits within the president's Article II power to implement, or carry out, legislation.

Answer 3

True

Question 4

Courts cannot review the scope of an agency's authority and may determine that the agency action violates the constitutional principle of separation of powers, or more specifically, the nondelegation doctrine.

Question 5

Agency rules that have legal effect and impact the rights of parties are known as legislative rules.

Question 6

Under the APA, many of an agency's rulemaking duties are carried out through formal rulemaking procedures that are permitted under the basic structure of the APA.

Question 7

All administrative agencies, including independent agencies, are limited in their authority by the three-part system of the federal government.

Question 8

The legislature cannot exert authority over administrative agencies through the power of the purse, advice and consent, and public hearings.

Question 9

State agencies have broad executive, legislative, and adjudication discretion in matters of state administrative law.

Question 10

State administrative law often mirrors the federal system in terms of how regulations are developed, implemented, and enforced.

Question 11

Department, nondepartment, and independent agencies are collectively referred to as __________ agencies.

A) three-member
B) administrative
C) seven-member
D) collaborative

Question 12

The __________ can exert authority through appointments, removal from office, and executive actions.

A) executive
B) legislative
C) judicial
D) None of the choices are correct.

Question 13

All administrative agencies, including independent agencies, are limited in their authority by the __________ -part system of the federal government

A) two
B) three
C) five
D) None of the choices are correct.

Question 14

State agencies have __________ executive, legislative, and adjudication discretion in matters of state administrative law.

A) contracts with
B) undue influence
C) broad
D) None of the choices are correct.

Question 15

State administrative law often __________ the federal system in terms of how regulations are developed, implemented, and enforced.

A) strictly construes
B) mirrors
C) creates controversy in
D) broadens