Deck 8: Formal Adjudications

Question 1

Which of the following is considered a nondiscovery device?

A) Requests for admissions
B) Bills of particulars
C) Subpoenas
D) Stipulations

Answer 1

D

Question 2

The Ashbacker Doctrine states that:

A) agencies may conduct separate hearings when two or more parties are competing for
B) an agency must have one consolidated comparative hearing whenever two or more
C) burdens of proof in licensing hearings must rise to the level of clear and convincing
D) burdens of proof in licensing hearings are required to be a preponderance of the

Answer 2

B

Question 3

Which of the following may be imposed on both parties and witnesses?

A) Depositions
B) Interrogatories
C) Requests for admissions
D) All of the above apply to both parties and witnesses.

Answer 3

A

Question 4

The process in which a nonparty to a case claims an interest in the outcome andbecomes a party is called:

A) interdiction
B) insurrection
C) intervention
D) inclusion

Question 5

The fact that administrative agencies may perform the functions of all three branchesof government is called:

A) separation of functions
B) unification of functions
C) combination of functions
D) congruence of functions

Question 6

The most common form of ALJ opinions is:

A) final decisions
B) initial decisions
C) recommended decisions
D) preliminary decisions

Question 7

The Jencks Act requires that:

A) attorneys performing prosecutorial functions for the government must disclose prior
B) attorneys performing prosecutorial functions for the government must disclose prior
C) attorneys performing prosecutorial functions for the government are not required to
D) none of the above

Question 8

When a presiding officer accepts a fact as true,without supporting evidence,becausethat fact is commonly known to be true by average persons and experts in the field,this iscalled:

A) organizational notice
B) judicial notice
C) official notice
D) executive notice

Question 9

Which of the following is not a measure taken to assure ALJ independence?

A) All ALJs are paid the same salary by the government, adjusted only by years of
B) ALJs are selected from a list of qualified applicants by the Civil Service Commission.
C) ALJs are assigned to cases using a rotation.
D) ALJs may be removed for good cause only.

Question 10

Contact between an individual and a decision maker without the other parties beingpresent is considered:

A) de novo
B) amicus curiae
C) ex parte
D) sua sponte

Question 11

Which of the following automatically becomes final unless appealed?

A) Initial decisions
B) Recommended decisions
C) Preliminary decisions
D) All of the above
E) None of the above

Question 12

The rule of necessity:

A) requires that decisions in formal adjudicative hearings be in writing
B) requires that decisions in formal adjudicative hearings be in writing and supported by findings and conclusions
C) requires that decisions in formal adjudicative hearings be in writing and supported by
D) none of the above

Question 13

The following standards of proof are listed from least demanding to most demanding:

A) clear and convincing; preponderance of the evidence; beyond a reasonable doubt
B) preponderance of the evidence; beyond a reasonable doubt; clear and convincing
C) preponderance of the evidence; clear and convincing; beyond a reasonable doubt
D) beyond a reasonable doubt; clear and convincing; preponderance of the evidence
E) clear and convincing; beyond a reasonable doubt; preponderance of the evidence

Question 14

The concept of separation of functions does not apply to:

A) administrative law judges
B) agency heads
C) administrative law judges and agency heads
D) none of the above; separation of functions applies to everyone involved in the administrative process

Question 15

The Legal Residuum Rule states that:

A) evidence that courts view as incompetent may be used in an administrative hearing
B) evidence that courts view as incompetent may be used in an administrative hearing
C) evidence that courts view as incompetent may not be used in an administrative hearing
D) evidence that courts view as incompetent may be used in an administrative hearing by

Question 16

Which of the following consists of oral questions answered orally?

A) Depositions
B) Interrogatories
C) Requests for admissions
D) Subpoena

Question 17

Amanda is a cab driver.Her taxi license will expire at midnight on August 8.Theapplicable law requires that she apply for continuation of the license at least 30 days prior to expiration and that a decision regarding continuation or denial must be made in a timely fashion.Her application was made in a timely manner.It is now August 9 and she has not heard from the licensing board.

A) Her license is expired and she may not legally operate a taxi.
B) Her license is automatically renewed for up to 30 days, allowing her to resubmit her
C) Her license is automatically renewed until the decision on the renewal is made.
D) Her license is automatically renewed as if the continuation had been approved.

Question 18

The APA's position on the right to counsel is best characterized by which of thefollowing?

A) All parties have the right to counsel.
B) Only those parties with constitutional rights at risk are entitled to counsel.
C) Presiding officers must approve the use of counsel on a case-by-case basis.
D) There is no right to counsel in administrative hearings.

Question 19

Which of the following standards of proof is applied in cases where an agency's action encroaches on a legally protected right?

A) Preponderance of the evidence
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Beyond a reasonable preponderance of the evidence

Question 20

When a court acts on its own initiative it is said to be acting:

A) de novo
B) amicus curiae
C) ex parte
D) sua sponte

Question 21

The APA requires that people or organizations be given a minimum of 30 days noticeregarding any hearings to which they are a party.

Question 22

Because it is not an Article III proceeding,cross-examination is rarely permitted inadministrative hearings.

Question 23

The rule of necessity allows an agency to conduct an immediate hearing withoutadequate notice when an emergency exists.

Question 24

ALJs are considered Article III judges.

Question 25

Possessing a belief about a case before it has been heard does not require an ALJ toresign from the case unless the ALJ has a firmly established belief as to what the finaloutcome should be.

Question 26

The rule of necessity states that an agency may render a final binding decision orallywhen a time-sensitive issue is being decided.

Question 27

The physician-patient privilege allows a patient to object to a doctor testifying as toprivate information regarding the patient and allows the physician to object to the patienttestifying as to private information regarding the physician.

Question 28

The APA encourages agencies to use alternative dispute resolution.

Question 29

In most instances,the person who carries the burden of production in a case alsocarries the burden of persuasion.

Question 30

Interrogatories may include questions asking for both narrative and short factual answers.

Question 31

Licensing decisions made by agencies are considered orders.

Question 32

Rulemaking decisions made by agencies are considered orders.

Question 33

The decision of an ALJ is final.

Question 34

It is common practice for an agency to have a case heard by one official and decidedby another.

Question 35

Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.

Question 36

The exclusionary rule barring the introduction of illegally obtained evidence applies inall court and administrative hearings.

Question 37

Appeals of ALJ decisions are conducted by agency heads sua sponte.

Question 38

The level or degree to which a case must be proven is called the burden of persuasion.

Question 39

If a statute requires a "hearing," that hearing is required to be a trial-type hearing.

Question 40

Whenever notice is taken of a material fact,the agency must give the parties anopportunity to disprove the truth of the fact noticed.

Question 41

Matching:
Match the form of decision in formal adjudications in Column 1 with its description in Column 2.

Question 42

The rule established by the U.S Supreme Court ,which mandates that an agency haveone consolidated comparative hearing whenever two or more parties are competingfor one license,is known as the ____ doctrine.

Question 43

Under the ___ Act,a federal statute governing discovery used by those charged by an agency,attorneys who are performing prosecutorial functions for the government must disclose prior statements of government witnesses after those witnesses have testified.

Question 44

The procedures used for formal _____ are borrowed from formal adjudication.

Question 45

The Supreme Court has held that the states are special litigants for purposes ofestablishing standing.

Question 46

Written questions presented to a party to be answered under oath and in writing are called _____.

Question 47

Similar to judicial notice,a presiding officer at an agency adjudication maytake ____ notice of facts without any proof of that fact being offered.

Question 48

A proceeding involving an agency's charge that a person has violated a regulation iscalled a(n)_____.

Question 49

Administrative law judges are selected from a list of qualified applicants prepared by the Office of _____ Management,creating a corps of merit-appointed judges.

Question 50

In formal adjudications,all parties are entitled to make opening and closing _____,call witnesses,and cross-examine witnesses.

Question 51

If an individual's case is not heard by an agency because the individual missed theagency's filing deadlines,the doctrine of exhaustion of remedies may preclude judicialreview.

Question 52

There is no findings requirement for ____adjudications (hearings).

Question 53

Written statements propounded by one party that must be responded to by the other party by admitting,denying,or objecting to each statement are called requests for _____.

Question 54

Matching:
Matching:Match the form of discovery in Column 1 to the definition in Column 2.

Question 55

Due process and the APA require that notice and a fair _____ be provided to interested parties.

Question 56

The APA requires that parties be _____ informed of the time,place,and nature of the hearing.