Deck 6: Administrative Agencies

Question 1

An administrative agency has the power to investigate, to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law.

Answer 1

True

Question 2

The public has access to the activity of administrative agencies in three ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines.

Answer 2

True

Question 3

An administrative agency is a governmental body charged with administering and implementing legislation.

Answer 3

True

Question 4

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

Question 5

Administrative agencies must be rigidly controlled and cannot be granted discretionary authority.

Question 6

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

Question 7

Until proven valid, a rule adopted by an administrative agency is invalid.

Question 8

An administrative agency is barred from examining the records of a business enterprise by the constitutional guarantee against unreasonable searches and seizures.

Question 9

Administrative agencies are not subject to the constitutional protections afforded individuals and businesses.

Question 10

The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.

Question 11

The Freedom of Information Act provides access to any information upon request.

Question 12

Administrative agencies may make the rules, police the community to see the rules are obeyed, and sit in judgment to determine violations of their rules.

Question 13

The modern administrative agency typically possesses legislative, executive, and judicial powers.

Question 14

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

Question 15

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

Question 16

Regulations properly adopted by agencies are important, but they do not have the full force of law as do statutes.

Question 17

The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

Question 18

Because administrative agencies have broad powers, they are subject to strict procedural rules as well as disclosure requirements.

Question 19

Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.

Question 20

Modern administrators cannot make laws, but they can argue persuasively before Congress for the passage of needed legislation.

Question 21

An administrative agency cannot hold a hearing without a jury.

Question 22

The Freedom of Information Act:

A)is to be strictly construed to prevent unauthorized disclosures.
B)has too many exemptions to be of any use.
C)is intended to subject agency action to public scrutiny.
D)puts the burden of proof upon the person requesting the information.

Question 23

As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.

Question 24

Generally, which power(s) does (do) an administrative agency possess?

A)all powers necessary to effectively perform the duties entrusted to it
B)legislative only
C)judicial only
D)executive only

Question 25

The term "exhaustion of administrative remedies" means that:

A)parties to an agency action must be diligent in pursuing their case.
B)parties to an administrative action must take their appeal to a court of law.
C)parties to an administrative action can appeal only after the agency has made a final decision.
D)administrative agencies tend to work very hard.

Question 26

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.

Question 27

Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted.

Question 28

The "public comment" period for proposed administrative agency rules must be at least __________ days.

A)30
B)60
C)90
D)120

Question 29

In reviewing agency action, courts generally apply the:

A)"beyond a reasonable doubt" standard.
B)"preponderance of the evidence" standard.
C)"arbitrary and capricious" standard.
D)"rational relationship" standard.

Question 30

Meetings are to be open to the public under the guidelines of the Sunshine Act of 1976. Meetings include:

A)those of federal administrative agencies.
B)those of state administrative agencies.
C)those actions that are deemed "meetings" by the agency.
D)both a and
B)

Question 31

The most recent addition to the American governmental structure is the:

A)executive branch.
B)administrative agency.
C)judicial branch.
D)legislative branch.

Question 32

Administrative agencies generally are not subject to the rules of evidence.

Question 33

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.

Question 34

An administrative agency can be created to perform:

A)only one of the three functions of government (executive, legislative, or judicial).
B)any two of the three functions of government.
C)all three of the functions of government.
D)none of the three functions of government.

Question 35

Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited jurisdiction.

Question 36

A consent decree is an informal settlement of an enforcement action brought by an administrative agency.

Question 37

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

Question 38

An administrative regulation:

A)is a guideline that may be voluntarily followed.
B)has the force of law.
C)is a suggestion of what will protect the environment.
D)is a standard used to guide an industry at the industry's discretion.

Question 39

Members of administrative agencies are ordinarily

A)pre-selected.
B)elected.
C)assigned.
D)appointed.

Question 40

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.

Question 41

Under modern law, when the issue that an agency decides is a question of law based on a technical statute:

A)the court on appeal will reverse the agency's decision if the court disagrees with the decision.
B)the court will not accept the agency's decision unless the agency's interpretation is the only one that could have been made.
C)the court will tend to accept the agency's interpretation of the law as long as it is reasonable.
D)the court will not reverse the agency's decision.

Question 42

A significant difference between an administrative agency hearing and a court hearing is that:

A)a binding decision can only be made by an agency.
B)there is no right of trial by jury before an agency.
C)a court hearing allows no public intervention.
D)a court can enforce its decision.

Question 43

Which of the following is beyond the enforcement power of an agency?

A)requiring proof of compliance with agency regulations
B)issuing a cease-and-desist order
C)convicting of criminal violations
D)imposing civil penalties

Question 44

A subpoena to testify or to produce records:

A)is prohibited by the constitutional guarantee against unreasonable searches and seizures.
B)is an illegal attempt to gain information by compulsion.
C)cannot be opposed on the grounds that such a request constitutes an unreasonable search and seizure.
D)must be approved by corporate officers to be effective.

Question 45

An administrative agency:

A)is not empowered to act as a court with regard to its own regulations.
B)acts as a specialized court of limited jurisdiction.
C)can hear complaints only in the presence of a jury.
D)cannot impose penalties for violation of its regulations.

Question 46

Wilma was an employee of the Electric Storage Battery Company. She was fired. She claimed that she was fired because she was a member of a labor union. The employer asserted that she was fired because she was a poor worker. Wilma filed an unfair labor practice complaint with the National Labor Relations Board. Its examiner held a hearing at which evidence was presented showing that Wilma was a poor worker. Other evidence presented showed that the employer was opposed to labor unions. The Board decided to believe Wilma's witnesses and concluded that she had been fired because she belonged to the union. Can the employer appeal this decision?

Question 47

The Federal Trade Commission suspects Billy Williams of unlawful trade activities and has obtained evidence, claimed to be proof of unlawful activity, by way of aerial photography. The FTC is also currently seeking the submission of various documents, within Williams' place of business, for additional evidence. Williams refuses to submit to the demands to produce the documents and claims that this demand and the aerial photos are direct violations of his constitutional rights. Williams also demands a jury trial to clear him of charges levied. Comment on Williams' claims.

Question 48

Due process requires that a hearing generally be held before an agency may make a judicial decision:

A)in all actions.
B)when the action affects the community generally.
C)when the action concerns a class of persons.
D)when the action concerns only the persons directly affected.

Question 49

Ordinarily, a court will __________ an agency's decision to do nothing about a particular complaint.

A)not reverse
B)reverse
C)remand
D)none of the above

Question 50

If an agency causes a substantial loss to a business by enforcement of its laws, that business:

A)always may hold the agency liable for damages.
B)never can hold the agency liable for damages.
C)may seek damages if the agency acted in bad faith.
D)may seek damages if the agency complied with its own guidelines.

Question 51

A regulation adopted by a federal administrative agency is binding only if:

A)it has been printed in the Federal Register.
B)the persons affected have received copies of it.
C)the persons affected have notified the agency of their approval of the regulation.
D)publicity has been given to it by the news media.

Question 52

A(n) __________ is a negotiated disposition of a matter before an administrative agency, generally without public sanctions.

A)formal settlement
B)informal settlement
C)judicial verdict
D)quasi-judicial verdict

Question 53

Concerning administrative investigations:

A)agencies are severely limited by the constitutional protection against unreasonable searches and seizures.
B)a search warrant is always required to search premises.
C)papers and records generally may be subpoenaed by an agency.
D)a person does not have constitutional protection against unreasonable searches and seizures.

Question 54

Which of the following is part of an administrative agency's power to investigate?

A)an investigation to determine whether additional administrative rules need to be adopted
B)an investigation to ascertain facts with respect to a particular suspected or alleged violation
C)an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order
D)all of the above

Question 55

Which of the following is true about judicial review of agency action?

A)Judges tend to substitute their own judgment for that of the agency.
B)Agency interpretation and application of the law are subject to "de novo" review.
C)An agency decision will not be reversed in the absence of an error of law or a clear abuse of, or the arbitrary or capricious exercise of, discretion.
D)All of the above

Question 56

Arthur sustained an injury to his back. Arthur claimed the injury was suffered at work and filed a claim for workers' compensation benefits. The employer opposed this claim, saying the injury, if real, was the result of a congenital condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Arthur. Arthur became disgusted with the hearing officer and the proceedings because Arthur felt that the hearing officer did not like him. Arthur has consulted an attorney seeking to sue for workers' compensation benefits. An appeal is available within the agency, but Arthur wants to go directly to court because he feels that the agency appeal would be useless. Discuss the merits of this strategy.

Question 57

The United States constitution places the most significant limitations on administrative investigation in the area of:

A)search and seizure of the person.
B)aerial inspection.
C)search and seizure of papers and records.
D)guarantee against self-incrimination.

Question 58

Which statement is true concerning administrative hearings?

A)An existing business has the right to challenge the granting of a license to a potential competitor.
B)Denial of a jury trial is a denial of due process.
C)It is generally necessary to give notice of an administrative hearing and to allow affected persons to be present.
D)Traditional courtroom rules of evidence must be applied.