Deck 5: Administrative Law

Question 1

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Answer 1

False

Question 2

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

Administrative hearings are held before a jury, just as are court hearings.

Question 5

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

Question 6

In general, procedural rules are exempt from the notice and comment requirements of the APA.

Question 7

Only documentary evidence may be admitted at an administrative hearing.

Question 8

Congress appoints and removes the chief administrators of federal executive administrative agencies.

Question 9

In 1990, Congress enacted the Administrative Dispute Resolution Act to require agencies to use alternative dispute resolution.

Question 10

Administrative agencies sometimes act as if they are judicial bodies.

Question 11

An administrative agency must always use formal procedures to resolve matters.

Question 12

Over the last half-century, the scope of administrative law has expanded enormously because of the increasing complexity of the social, economic, and industrial life of the United States.

Question 13

When a decision is made by an administrative law judge, it is final; there is no recourse for appeal.

Question 14

A statute may preclude judicial review of an agency action.

Question 15

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Question 16

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Question 17

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Question 18

Enabling statutes may not impose more stringent requirements for promulgating rules than those found in the APA.

Question 19

Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is a good cause.

Question 20

Interpretative rules of administrative agencies are not automatically binding on the courts.

Question 21

Congress enacted the Administrative Procedure Act in 1946.

Question 22

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

Question 23

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

Question 24

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

Question 25

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

Question 26

Only records specifically exempted from disclosure because of national defense and security reasons are inaccessible under the FOIA.

Question 27

The technical common law rules governing admissibility of evidence are used by most administrative agencies during hearings.

Question 28

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

Question 29

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Question 30

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

Question 31

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

Question 32

When reviewing factual determinations of an administrative agency, the courts must always use the arbitrary and capricious test.

Question 33

All agency 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.

Question 34

Nancy has no right to review or copy federal agency records about herself which are subject to protection under the Privacy Act.

Question 35

Legislation enacted in 1996 requires agencies to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Question 36

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

Question 37

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

Question 38

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

Question 39

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

Question 40

When reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Question 41

Administrative statutes issued by an agency are known as:

A)legislative rules or regulations.
B)interpretive rules.
C)hybrid rules.
D)procedural rules.

Question 42

In 1990, Congress enacted the Administrative Dispute Resolution Act.This Act does not:

A)encourage the federal agencies to use arbitration.
B)authorize federal agencies to use mediation and conciliation.
C)require the agencies to use alternative dispute resolution.
D)All of the above.

Question 43

If an agency order is appealed, the governing body of the agency may decide the case de novo.In this context, the term de novo means:

A)agency hearings produce evidence of general conditions.
B)the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision.
C)without regard to new evidence.
D)an agency may impose in its orders sanctions such as penalties.

Question 44

What standard does a court use in reviewing the factual determinations of an administrative agency?

A)Whether the agency had a rational basis for reaching its decision.
B)Whether the conclusions reached are supported by substantial evidence.
C)Whether the conclusions were unwarranted by the facts.
D)Any one of the above, depending on the particular situation.

Question 45

What term refers to the entire set of activities in which an administrative agency engages?

A)Rulemaking.
B)The administrative process.
C)Promulgating.
D)Enforcement.

Question 46

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

A)FOIA.
B)Privacy Act.
C)Government in the Sunshine Act.
D)APA.

Question 47

Administrative agencies perform what basic function?

A)Rulemaking.
B)Law enforcement.
C)Adjudication.
D)All of the above.
E)None of the above.

Question 48

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

A)Administrative Procedures Act.
B)U.S.Constitution.
C)agency's enabling statute.
D)Rules must be adopted in compliance with all of the above.

Question 49

Which of the following statements is true regarding administrative law judges?

A)ALJs are appointed by the president with the approval of the Senate.
B)ALJs may be removed only for good cause.
C)There are more than twice as many federal judges as there are administrative law judges.
D)Administrative law judges preside over jury cases within the area of expertise of the agency.

Question 50

The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them.To avoid any public comment, the agency seeks to adopt the rules without publishing them.Which of the following statements is true regarding the agency's actions?

A)The agency has a right to act in this way and a duty to be efficient with taxpayer money.
B)The rules in this instance are procedural in nature and therefore are not required to be published.
C)The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.
D)The agency has no rulemaking authority, because only Congress can make legislative rules.

Question 51

Rulemaking powers of federal agencies are primarily governed by the:

A)SEC.
B)APA.
C)FCC.
D)NHTSA.

Question 52

The president has significant control over administrative agencies housed within the executive branch by virtue of his power to:

A)remove commissioners for causes set forth by statute.
B)appoint and remove the chief administrator of those agencies.
C)impound moneys appropriated to the agency by Congress.
D)All of the above.

Question 53

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company then appeals the decision to the commission itself.Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

A)The commission may decide the case de novo.
B)There is no appeal from the decision of the ALJ.
C)The commission will decide the case by having a jury trial.
D)The rules of evidence will be strictly applied by the commission in deciding the case.

Question 54

In reviewing an agency action, which of the following are included in the questions of law a court will consider?

A)Whether the agency violated any constitutional provision.
B)Whether the agency acted contrary to the procedural requirements of the law.
C)Whether the agency exceeded its authority.
D)All of the above.

Question 55

Which of the following is characteristic of an executive administrative agency?

A)It has complete independence from the president.
B)It deals only with executives of major corporations.
C)It is housed within the executive branch of the government.
D)It has complete independence from Congress.

Question 56

Parties that seek to challenge agency action must:

A)have standing.
B)have exhausted their administrative remedies.
C)be a party injured by the agency action.
D)All of the above.

Question 57

The legislature may exercise control of administrative agencies in various ways.These are:

A)through its budgetary power.
B)through the power to appoint and remove chief administrators.
C)by amending an enabling statute to increase, modify, or decrease an agency's authority.
D)(a) and (c) but not (b).

Question 58

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

A)executive committees
B)administrative agencies
C)the courts
D)legislatures, including Congress

Question 59

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

A)The unwarranted by the facts standard.
B)The substantial evidence standard.
C)The arbitrary and capricious standard.
D)The beyond a reasonable doubt standard.

Question 60

The letters ALJ refer to:

A)American Law Judges.
B)the Administration's Legal Judge.
C)Administrative Law Judge.
D)Administrative Local Judiciary.

Question 61

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Question 62

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities.These statutes include:

A)Freedom of Information Act.
B)Government in the Sunshine Act.
C)Both (a) and (b) are correct.
D)Neither (a) nor (b).

Question 63

The APA's requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the rule's basis and purpose are the requirements for issuance of rules in accordance with:

A)formal rulemaking.
B)hybrid rulemaking.
C)informal rulemaking.
D)negotiated rulemaking.

Question 64

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Question 65

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

Question 66

(a) What is the purpose of the Freedom of Information Act?
(b) To what categories of records does the FOIA allow denial of access?

Question 67

In investigating conduct to determine whether the enabling statute has been violated, an agency is subject to all but which of the following limitations?

A)The investigation must be authorized by law and undertaken for a legitimate purpose.
B)The information sought must be relevant.
C)The information sought must be privileged.
D)The demand for information must be sufficiently specific.

Question 68

What is required by the substantial evidence test?

A)The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
B)It permits the court to try the facts de novo.
C)It requires that the agency set aside action if it is prejudicial.
D)It requires proof beyond a reasonable doubt.

Question 69

Which of the following phrases would meet the requirement that, to be constitutionally permissible, the enabling statute granting power to an agency must establish reasonable standards to guide the agency in implementing the statute?

A)"Fair and equitable."
B)"Public interest, convenience, and necessity."
C)"To prohibit unfair methods of competition."
D)All of the above.
E)None of the above.The phrases in choices (a), (b), and (c) are too broad.

Question 70

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Question 71

The __________ is the federal public records statute requiring most records in agency files to be open to the public.

A)FOIA
B)APA
C)ALJ
D)Government in the Sunshine Act

Question 72

How are ALJs selected?

A)They are appointed by the president and then confirmed by Congress.
B)They are elected by Congress.
C)They are appointed by the president without confirmation by Congress.
D)They are appointed by the agency through a professional merit selection system.

Question 73

The court in the American Airlines, Incorporated v.Department of Transportation case held:

A)the APA expressly requires notice in informal or formal adjudications.
B)courts have inferred a requirement of notice in informal adjudications.
C)to be valid, legislative rules must not exceed the actual authority granted to the agency by the enabling statute.
D)the doctrine of standing requires a plaintiff seeking injunctive relief to show he is under threat of suffering injury in fact that is concrete.

Question 74

The Government in the Sunshine Act covers all but which of the following agencies?

A)Consumer Product Safety Commission.
B)Commodity Futures Trading Commission.
C)Environmental Protection Agency.
D)Securities and Exchange Commission.

Question 75

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Question 76

After an FOIA request has been made, an agency has __________ working days within which to indicate whether it intends to comply.

A)3
B)10
C)21
D)30