Question 1

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Accepted Answer

The general language used in delegating quasi-legislative authority usually involves grants of substantial discretion to an agency. It must be kept in mind that this delegation of discretion is to the agency and not to the judiciary. Therefore, courts cannot interfere with the discretion given to the agency and cannot substitute their judgment for that of the agency.

Question 2

Appointees at the federal level in administrative agencies are not permitted to engage in any other business or employment during their terms.

Accepted Answer

Appointments at the federal level in administrative agencies require Senate confirmation, and appointees are not permitted to engage in any other business or employment during their terms.

Question 3

The executive branch of government normally appoints the top officials of an agency with the advice and consent of the legislative branch.

Accepted Answer

Each branch of government has some control over the administrative process. The executive branch normally appoints the top officials of an agency with the advice and consent of the legislative branch.

Question 4

Due process of law requires that before a rule or regulation may be adopted by an agency,interested parties must be given notice of the proposed rules and an opportunity to express their views on them.

Accepted Answer

Due process of law requires that before a rule or regulation may be adopted by an agency, interested parties must be given notice of the proposed rules and an opportunity to express their views on them. Agencies give public notice of proposed rules and hold public hearings on them.

Question 5

The procedures developed by administrative agencies are less formal than judicial procedures.

Accepted Answer

Administrative agencies develop their own rules of procedure unless mandated otherwise by an act of the legislature. These procedures are far less formal than judicial procedures, because one of the functions of the administrative process is to decide issues expeditiously.

Question 6

Advisory opinions of an administrative agency are as binding as formal rulings.

Accepted Answer

Advisory opinions are not as binding as formal rulings, but they do give a business an indication of the view an agency would take if the practice in question were challenged formally.

Question 7

Congress uses more and more general language in stating its regulatory aims and purposes.

Accepted Answer

Congress cannot possibly legislate in minute detail, and, as a consequence, it uses more and more general language in stating its regulatory aims and purposes.

Question 8

A group of persons with standing to sue includes those who have noneconomic interests.

Accepted Answer

It is clear that persons who may suffer economic loss due to an agency's action have standing to sue. Recent decisions have expanded the group of persons with standing to sue to include those who have noneconomic interests, such as First Amendment rights.

Question 9

In the context of delegation of quasi-legislative authority,courts can interfere with the discretion given to an agency and can substitute their judgment for that of the agency.

Accepted Answer

The general language used in delegating quasi-legislative authority usually involves grants of substantial discretion to an agency. It must be kept in mind that this delegation of discretion is to the agency and not to the judiciary. Therefore, courts cannot interfere with the discretion given to the agency and cannot substitute their judgment for that of the agency.

Question 10

Advisory councils consist of persons employed by an administrative agency just like the secretary and the executive director.

Accepted Answer

Advisory councils consist of persons not employed by the agency but interested in its mission. Persons serving on councils are usually selected because of their expertise.

Question 11

The Consumer Product Safety Commission ensures all workers a safe and healthy work environment.

Accepted Answer

The Consumer Product Safety Commission (CPSC) protects the public against unreasonable risks of injury associated with consumer products.

Question 12

The Environmental Protection Agency (EPA)regulates civil aviation to provide safe and efficient use of airspace.

Accepted Answer

The Environmental Protection Agency (EPA) administers all laws relating to the environment, including laws on water pollution, air pollution, solid wastes, pesticides, toxic substances, etc.

Question 13

The Federal Administrative Procedure Act provides for judicial review where agency action is committed to agency discretion by law.

Accepted Answer

The Federal Administrative Procedure Act provides for judicial review except where "(1) statutes preclude judicial review or (2) agency action is committed to agency discretion by law."

Question 14

In exercising their investigative functions,administrative agencies are excluded from using subpoena powers.

Accepted Answer

In exercising their investigative functions, agencies may use subpoena power and require reports, examine witnesses under oath, and examine and copy documents, or they may obtain information from other governmental offices.

Question 15

Delegation of quasi-legislative authority must be definite and limited.

Accepted Answer

Delegation of quasi-legislative authority to administrative agencies is subject to two constitutional limitations. It must be definite and limited.

Question 16

When a firm is given monopoly power,it loses its freedom of contract,and a governmental body is given the power to determine the provisions of its contracts.

Accepted Answer

Agencies often replace competition with regulation. When a firm is given monopoly power, it loses its freedom of contract, and a governmental body is given the power to determine the provisions of its contracts.

Question 17

The doctrine of "exhaustion of remedies" comes into play whenever enforcement of the claim requires the resolution of issues that,under a regulatory scheme,have been placed within the special competence of an administrative body.

Accepted Answer

Primary jurisdiction applies when a claim is originally filed in the courts. It comes into play whenever enforcement of the claim requires the resolution of issues that, under a regulatory scheme, have been placed within the special competence of an administrative body.

Question 18

The courts will inquire into an agency's wisdom or effectiveness once the courts decide that an act of legislature is constitutional.

Accepted Answer

An administrative agency must propose rules and regulations within the confines of its grant of power from the legislature, or a court will find the proposal void. However, once courts decide that an act of the legislature is constitutional or a rule of an agency is authorized, the courts will not inquire into its wisdom or effectiveness.

Question 19

The chairperson of an agency usually belongs to a different political party from that of the president to ensure fairness and equal distribution of power among staff members.

Accepted Answer

The chairperson is designated as such at the time of nomination by the president and is the presiding officer at agency meetings. The chairperson usually belongs to the same political party as the president and, while an equal in voting, is somewhat more important than the other agency members because of visibility and the power to appoint staff.

Question 20

To establish standing,the challenging party must address issues relating to the reviewability of a decision and the aggrieved party involved.

Accepted Answer

Any party seeking the judicial review of any administrative agency's decision must be able to prove standing to sue. To establish standing, the challenging party must address issues relating to the reviewability of the decision and the aggrieved party involved.

Quiz 15: The Regulatory Process