Question 1

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Accepted Answer

Judicial review is a key mechanism in administrative law that allows courts to oversee and examine the actions of administrative agencies, ensuring they act within the bounds of their legal authority and adhere to principles of fairness and due process.

Question 2

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Accepted Answer

The Freedom of Information Act (FOIA) allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government, while the Government in the Sunshine Act requires that meetings of agencies or departments be open to the public, focusing on transparency in meetings rather than document disclosure.

Question 3

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Accepted Answer

Agencies have the authority to impose sanctions, including seizing property or revoking licenses, as part of their regulatory and enforcement powers to ensure compliance with laws and regulations.

Question 4

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

Accepted Answer

Most legislative rules under the APA are issued through informal rulemaking procedures, commonly referred to as "notice-and-comment rulemaking," where agencies publish a proposed rule and allow for public comment before finalizing the rule.

Question 5

To be constitutionally permissible, an enabling statute must establish reasonable standards to guide an agency in implementing the statute. Using a broad phrase such as "fair and equitable" in an enabling statute meets this requirement.

Accepted Answer

The use of broad phrases like "fair and equitable" in an enabling statute can be considered to meet the requirement for establishing reasonable standards, as long as these terms provide sufficient guidance for the agency to implement the statute. Courts have often allowed a degree of flexibility in the language of enabling statutes, recognizing that it is not always possible or practical to provide detailed criteria for every aspect of an agency's operation.

Question 6

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Accepted Answer

In judicial review, especially in administrative law, courts use different standards to review factual determinations made by agencies or lower courts. These standards include the arbitrary and capricious test, the substantial evidence test, and the "unwarranted by the facts" standard, each applying in different contexts to assess the reasonableness or adequacy of the factual basis for the decision under review.

Question 7

All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

Accepted Answer

Administrative Law Judges (ALJs) are required to include in their decisions a statement of findings of fact and conclusions of law, along with the reasons or basis for those findings and conclusions, and a statement of the appropriate relief. This ensures transparency, accountability, and fairness in administrative proceedings.

Question 8

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Accepted Answer

Agencies must submit newly adopted rules to Congress and the Government Accountability Office as part of the Congressional Review Act process before the rules can take effect.

Question 9

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo .

Accepted Answer

When a case is appealed to the governing body of an agency, it can be decided de novo, meaning the governing body reviews the case from the beginning, without being bound by the ALJ's findings or decision.

Question 10

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Accepted Answer

The Sunshine Act permits federal agencies to hold closed meetings for a number of reasons, including when the meeting concerns the agency's participation in pending or anticipated litigation, to protect the legal interests of the agency.

Question 11

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Accepted Answer

Interpretative rules are considered to be exempt from the procedural requirements of notice and comment under the APA, which means that agencies are not required to follow the formal rulemaking procedures for interpretative rules. However, agencies may still choose to provide notice and an opportunity for public comment as a matter of policy or transparency.

Question 12

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

Accepted Answer

Informal rulemaking, also known as "notice-and-comment" rulemaking, is the most frequently used procedure by administrative agencies. Formal rulemaking, which involves a trial-like hearing with testimony and cross-examination, is much less common.

Question 13

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court.

Accepted Answer

Administrative law judges are appointed through a merit-based process by agencies, rather than appointed by the President and confirmed by the Senate.

Question 14

There are more than twice as many federal judges as there are administrative law judges.

Accepted Answer

There are more administrative law judges than federal judges in the United States. Administrative law judges primarily serve in various federal agencies, and their numbers are significantly higher compared to the limited number of federal judicial positions, which include the Supreme Court, appellate, and district court judges.

Question 15

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Accepted Answer

Parties must have standing, meaning they must be sufficiently affected by the agency action to justify their participation in the case. They must also have exhausted their administrative remedies, meaning they have taken all steps available within the agency to resolve their issue before seeking judicial review.

Question 16

An administrative agency's discretion to compel the disclosure of information is subject to any legal privileges to withhold such information.

Accepted Answer

Administrative agencies must respect legal privileges, such as attorney-client privilege or executive privilege, which protect certain information from being disclosed, even during investigations or regulatory actions.

Question 17

Congress enacted the Administrative Procedure Act in 1964.

Accepted Answer

The Administrative Procedure Act was enacted by Congress in 1946, not 1964.

Question 18

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Accepted Answer

The answer of Only records specifically exempted by statute from...

Question 19

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Accepted Answer

Federal agencies can charge fees for searching, reviewing, and duplicating records for a requester, although there are certain circumstances under which these fees can be waived or reduced.

Question 20

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Accepted Answer

Federal administrative agencies are required to make records available by electronic means within one year after creating them, according to the Electronic Freedom of Information Act Amendments of 1996.

Quiz 5: Administrative Law