Deck 17: Administrative Law

Question 1

is a body of law that defines,regulates,and limits the exercise of authority by federal regulatory agencies.

Answer 1

Administrative law

Question 2

Administrative agencies at the state level do not issue licenses.

Answer 2

False

Question 3

An agency's prosecutorial discretion is seen as practically unreviewable by the courts.

Answer 3

True

Question 4

Administrative warrants are held to the same probable cause standard as criminal warrants.

Question 5

Administrative agencies exercise their policymaking function through .

Question 6

Some agencies monitor compliance with regulations by conducting of a business.

Question 7

Substantial modifications to proposed rules may be published without going through the entire rulemaking process again.

Question 8

Proposed agency rules are published in the .

Question 9

The gives the president power to appoint officers of the United States,including heads of administrative agencies.

Question 10

Informal rulemaking is not permitted under the Administrative Procedures Act.

Question 11

Administrative law hearings are presided over by judges.

Question 12

A heightened standard of judicial review called the test is used when the formal rulemaking process is required by the enabling statute.

Question 13

Once a business is licensed,an agency may fine it for any violation of agency regulations.

Question 14

Publishing a new rule in the Federal Register is the first step in the rulemaking process after research and study are performed.

Question 15

Courts are highly critical of agency decisions involving how and when an agency enforces a regulation.

Question 16

A business that is subject to an agency's jurisdiction is required to turn over documents relevant to determining compliance with a particular rule.

Question 17

The Act is the main federal statute that is a source of administrative law.

Question 18

Final effective regulations are published in the .

Question 19

The powers of an administrative agency to carry out the enabling statute are exercised through rulemaking,enforcement,licensing,and adjudication.

Question 20

An administrative law judge is typically an who is employed by the agency to adjudicate disputes.

Question 21

Courts apply the logical-outgrowth standard when reviewing a challenge to a rule by an adversely affected party.

Question 22

For the past several decades,U.S.presidents have declined to exercise direct power over government agencies.

Question 23

The Supreme Court has held that agencies have very narrow discretion regarding when and whom to regulate.

Question 24

Most agencies do not have an enforcement division to investigate violations of the regulations,and they rely on the Department of Justice for this function.

Question 25

Congress has no power to remove an agency head.

Question 26

Most of the common law that regulated administrative law has been codified in the Administrative Procedures Act.

Question 27

The Sunshine Act requires that meetings for the purpose of consultation be open to the public.

Question 28

Agencies are frequently charged by Congress to study potential solutions to a problem and then exercise legislative function by creating legally enforceable rules.

Question 29

Administrative agencies are not empowered to hear cases of alleged violations of their regulations and must depend on the courts for adjudication.

Question 30

Mikhail believes that his neighbor Stephanie has been dumping sewage on her property.After the Environmental Protection Agency conducts its investigation,Mikhail is permitted,under the Sunshine Act,to attend the meeting called to discuss the results of the investigation.

Question 31

The SEC's issuing of licenses to individuals to trade stocks is not an agency function because it is regulating individuals and not businesses.

Question 32

States often have their own versions of federal administrative agencies.

Question 33

Citizen suits may be brought against an agency but may not be brought against a private party.

Question 34

Congress has oversight over administrative agencies through the Senate's power of advice and consent.

Question 35

Citizen suits may be used to attack the substance of an administrative regulation that has been properly promulgated.

Question 36

Records of agency personnel matters are open to the public under the Freedom of Information Act.

Question 37

Certain businesses are classified as pervasively regulated,and there is an exception to the warrant requirement when an agency is conducting regularly scheduled inspections of such businesses.

Question 38

Agencies tend to employ large numbers of attorneys to make sure that the rulemaking process is legally compliant.

Question 39

The substantial evidence test is applied by the courts to determine whether the agency's actions were lawful with regard to investigations and licensing.

Question 40

Agencies can monitor compliance with their regulations through inspection of business facilities under their jurisdiction.

Question 41

When are parties able to bring judicial challenges to an agency's rule during the rulemaking process?

A) During any point in the rulemaking process.
B) After public notice has been given.
C) After the final rule has been published.
D) During public comment.

Question 42

Public comment on proposed rules generally comes from
A) other agencies.

A) public advocacy groups.
B) an ordinary citizen.
D) members of Congress.

Question 43

Courts have a clear power to set aside an agency's actions.They tend to use this power
A) frequently.

A) sparingly.
B) only when faced with citizen suits.
D) on a somewhat regular basis.

Question 44

The Supreme Court established guidelines for lower courts on applying the arbitrary and capricious standard in which case?

A) Motor Vehicle Manufacturing Association v. State Farm Mutual Automobile
B) Chevron v. NRDC
C) Buckley v. Valeo
D) Fox v. the Federal Communications Commission

Question 45

The concept that in order to pass judicial muster,the evidence must show that the agency made its final decision based on a consideration of relevant factors without any clear errors of judgment is known as the
A) arbitrary and capricious standard.

A) logical-outgrowth test.
B) Chevron test.
D) McDonnell Douglas test.

Question 46

Disputes on matters under an agency's jurisdiction are adjudicated
A) in administrative law hearings.

A) in federal courts.
B) in state courts.
D) by licensing boards.

Question 47

In Association of Private Sector Colleges and Universities v.Duncan and the U.S.Department of Education,the Department of Education published final rules as originally proposed but included an additional final rule with new regulatory requirements for colleges offering distance learning.When the final rules were challenged on the basis that the Department failed to provide adequate notice of the new rule,what did the court hold?

A) The Department should have given proper notice of the new rule because it was not a logical outgrowth of the original rules, and because the Department had not done so, the new rule was invalid.
B) The Department should have given proper notice of the new rule but lack of notice did not invalidate the rule because the Department is not required to go through formal rulemaking procedure.
C) The Department did not need to give public notice of the new rule because the change was a logical outgrowth of the original rule.
D) The Department did not need to give public notice because the new rule was based on the same public policy as the original rule.

Question 48

The Sunshine Act requires that agencies announce their meetings at least in advance.

A) 3 days
B) 7 days
C) 14 days
D) 30 days

Question 49

The FTC publishes a rule regulating TVs and Blu-ray DVD players for public comment but revises it to include traditional DVD players also.Should the FTC republish the revision?

A) No, because the new rule is more limited than the original proposal.
B) No, because there is generally no legal obligation to provide an additional comment period.
C) No, because the revision is a logical outgrowth of the original rule.
D) No, because there was no need for publication of the original rule.

Question 50

Who is the presiding officer at an agency's adjudication hearing?

A) A member of Congress appointed as a representative.
B) The head of the agency.
C) An arbitrator.
D) An administrative law judge.

Question 51

In Trinity Marine Products v.Secretary of Labor Elaine Chao,Trinity Marine turned away OSHA compliance officers who had come to conduct an inspection.OSHA obtained an administrative warrant and came back with federal marshals.Trinity officials allowed the search under protest and later filed suit alleging that the warrant had been obtained without probable cause.The court held that the probable cause standard for administrative warrants is

A) the same as that for criminal warrants and the criminal standard had been met in this case, thus allowing a reasonable use of force in executing the warrant.
B) lower than that for criminal warrants and the warrant could be executed using a reasonable degree of force.
C) lower than that for criminal warrants but could not be executed with any degree of force.
D) the same as that for criminal warrants but that standard had not been met in these circumstances.

Question 52

What must Congress do first to establish an administrative agency?

A) Do nothing, as establishing agencies is an executive power.
B) Obtain judicial approval for the creation.
C) Enact an enabling statute.
D) Research whether a new agency is needed.

Question 53

What must an agency do to conduct an inspection of a business without permission from the owners?

A) An agency must obtain an administrative warrant.
B) An agency has authority under statute to conduct inspections without a warrant.
C) An agency must obtain a police officer's permission to conduct an inspection.
D) An agency must send advance notice of the inspection.

Question 54

The rulemaking requirement that an agency does not need to publish revised rules for comment unless they are radically different from the original is known as the
A) arbitrary and capricious standard.

A) logical-outgrowth test.
B) Chevron test.
D) McDonnell Douglas test.

Question 55

Under the Administrative Procedures Act,Congress has the authority to cancel an agency's final rule if all of the following conditions are met except

A) both houses agree.
B) a resolution to overrule is passed within 60 days.
C) there is no judicial challenge from the courts within 60 days.
D) the overruling resolution is presented to the president.

Question 56

Which of the following is not a major source of administrative law?
A) the Administrative Procedures Act

A) the Constitution
B) enabling statutes
D) public opinion

Question 57

What step comes directly prior to public comment in the rulemaking process?
A) agency study

A) judicial challenges
B) proposed rule publication
D) enabling statute

Question 58

The Freedom of Information Act

A) requires that all documents become public.
B) has no meaningful enforcement procedures.
C) opens certain agency records to the public.
D) publicly announces agency meetings ahead of time.

Question 59

For which of the following is a license issued by a federal,rather than a state,agency?
A) hairstylists

A) lawyers
B) broadcast frequencies
D) physicians

Question 60

The president's authority to exercise power over administrative agencies is derived from
A) federal law.

A) the Constitution.
B) judicial decisions.
D) congressional delegations.

Question 61

A group of adversely affected parties want to challenge an agency rule in federal court.What is the process that the judge will use to make his or her decision?

Question 62

Name and discuss the four sources of administrative law.

Question 63

When is formal agency rulemaking used?

A) Only when the enabling statute requires it.
B) When the agency believes that a proposed rule will be controversial.
C) When it is required by the Administrative Procedures Act.
D) Any time an agency makes a new rule.

Question 64

Once public debate and comment are concluded,an agency will publish the final rule and its effective date in the
A) Code Administrative Rules.

A) Federal Register.
B) U.S. book of statutes.
D) Code of Federal Regulations.

Question 65

The FDA is proposing new rules for over-the-counter pain medication.The agency expects to hear from various pharmaceutical groups in favor of the regulation and from several medical associations on the public health consequences of the proposed change.This is an example of what rulemaking phase?
A) Public comment.

A) Publication of the rule.
B) Revision.
D) Study and research.

Question 66

How does an agency regulate through licensing?

Question 67

Describe the probable cause standard used for administrative warrants.

Question 68

Which of the following is not a source of administrative law?
A) common law

A) the Constitution
B) the Administrative Procedures Act
D) treaties

Question 69

The EPA would like to propose a new rule lowering the emissions requirements for coal factories and writes a new proposed rule.What is the EPA's involvement in the rulemaking process? What is the next step?

Question 70

The EPA has published a new proposed rule that could have a significant economic impact on small businesses.Does the EPA have any obligation with regard to the impact on small businesses?

A) The EPA has no obligation to treat small businesses any differently than other businesses.
B) The EPA must analyze and take small business concerns into consideration and provide small businesses the opportunity to participate in the rulemaking..
C) The EPA must provide small businesses the opportunity to participate in the rulemaking, but has no other obligations with regard to small businesses.
D) Rulemaking does not apply to small businesses.

Question 71

How do citizen suits work in the context of administrative law?

Question 72

What is the arbitrary and capricious standard,and how is it used by the courts?

Question 73

Who hears an appeal of an administrative law judge's ruling?

A) A federal judge.
B) An agency head.
C) A state judge.
D) No one, since there is no administrative appeal process.

Question 74

After a rule is published,what is the next step in the rulemaking process?

A) The rule is enacted into law.
B) The rule goes back to committee for revisions.
C) A public comment period is held.
D) Notice is given.

Question 75

Which of the following is not an administrative agency function?
A) licensing and permitting

A) policymaking
B) creating statutes
D) investigation and enforcement

Question 76

What is the first step in the agency rulemaking process?

A) Determine legislative authority.
B) Draft the proposed rule change.
C) File for a hearing to start the formal rulemaking procedure.
D) Study and research of alternatives.

Question 77

What is the logical-outgrowth test?

Question 78

Describe administrative law at the state level,including the relationship with federal administrative law and the level of discretion of state agencies.What are some examples of parallel agencies?

Question 79

What is the name of the test used by the courts to analyze the validity of an agency's statutory interpretation and action?

A) Amoco test
B) Valero test
C) Chevron test
D) Texaco test

Question 80

What are the four primary functions of administrative agencies?