Deck 6: Administrative Law

Question 1

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

Answer 1

True

Question 2

Administrative agencies are created by some legislative body.

Answer 2

True

Question 3

Law enforcement agencies are exempt from the Federal Privacy Act.

Answer 3

True

Question 4

Reverse FOIA suits are suits by agencies to stop disclosures.

Question 5

Administrative agencies can exist at any level of government.

Question 6

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

Question 7

Administrative agencies serve as courts for hearings on rule violations.

Question 8

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

Question 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

The Privacy Act is part of the Administrative Procedures Act.

Question 16

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

Question 17

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

Question 19

Discuss the ways a business could challenge a promulgated agency rule.

Question 20

Formal rule making requires publication of proposed rules.

Question 21

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

Question 22

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

Question 23

An ex parte contact is prohibited in administrative hearings.

Question 24

A consent decree is similar to a nolo contendere plea.

Question 25

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

Question 26

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

Question 27

Informal rule making does not require publication of proposed rules.

Question 28

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

Question 29

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

Question 30

In some states, an appeal of an administrative agency decision requires a trial de novo.

Question 31

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

Question 32

A consent decree is similar to a plea bargain.

Question 33

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 34

Hearings are required in all federal rule proposals.

Question 35

Many federal agencies use licensing as a means of enforcement.

Question 36

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

Question 37

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

Question 38

Administrative agencies do not permit intervenors to appear in hearings.

Question 39

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

Question 40

Once a rule is proposed, it cannot be withdrawn.

Question 41

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

Question 42

The public comment period of 30 days in federal agency rulemaking can be shortened in cases of emergency.

Question 43

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

Question 44

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

Question 45

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

Question 46

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

Question 47

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

Question 48

Both formal and informal rulemaking processes include public hearings.

Question 49

Federal agencies do not have the authority to issue fines.

Question 50

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

Question 51

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

Question 52

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

Question 53

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

Question 54

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

Question 55

Only businesses can provide input in the formal rulemaking process.

Question 56

Inspections are a means of enforcement for administrative agencies.

Question 57

Informal rulemaking is not permitted for promulgation of rules.

Question 58

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

Question 59

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

Question 60

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

Question 61

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

Question 62

Public hearings:

A) are required in both formal and informal rule making.
B) can be held regionally.
C) are required under the Regulatory Flexibility Act.
D) none of the above

Question 63

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

Question 64

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

Question 65

The Administrative Procedures Act includes:

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

Question 66

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 67

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

Question 68

An FOIA request (to be valid):

A) must be in writing.
B) must describe the reason the documents are sought.
C) can request any information in an agency's file.
D) must include prepayment of copy fees.

Question 69

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

Question 70

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 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

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 73

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

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

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

Question 76

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 77

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

Question 78

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 79

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

Question 80

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