Deck 44: Administrative Law

Question 1

The primary type of rule making used by administrative agencies is informal rule making.

Answer 1

True
Explanation: The primary type of rule making used by administrative agencies is informal rule making.

Question 2

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

Answer 2

False
Explanation: The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body.

Question 3

Under the federal Privacy Act of 1974,a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Answer 3

True
Explanation: Under the Privacy Act of 1974, a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Question 4

Which of the following was the result on appeal in Murphy v.New Milford Zoning Commission,the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

A) That the decision of the zoning commission was correct and would be upheld.
B) That the court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities.
C) That no appeal rights existed from a decision regarding zoning issues, a completely localized issue.
D) That the zoning commission was incorrect but that more information was needed in order to fashion a remedy.
E) That the zoning commission was incorrect and that the plaintiffs would be allowed to continue the prayer meetings.

Question 5

There is no right of appeal from a decision of an administrative law judge.

Question 6

Federal administrative agencies are created by Congress through passage of ______ legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

A) Administrative
B) Enabling
C) Statutory
D) Agency
E) Interstate

Question 7

Administrative law consists of procedural,but not substantive,rules.

Question 8

Which of the following was the result in Electronic Privacy Information Center v.National Security Administration,the case in the text involving whether the National Security Council (NSC)was required to respond under the Freedom of Information Act (FOIA)to a request made by the plaintiff and referred to the NSC by the National Security Administration (NSA)?

A) That the NSC was subject to the FOIA but that it only had to respond to requests made directly to it, not to requests referred to it by another agency such as the National Security Administration (NSA).
B) That the NSC was subject to the FOIA and that it was required to produce the information requested by the plaintiff.
C) That the NSC was subject to the FOIA but that the proper procedure was for the NSC to provide the documents to the NSA for review prior to production to the plaintiff.
D) That the NSC was not subject to the FOIA and that it was not required to respond to the request.
E) That the NSC was not subject to the FOIA but that it was required to respond to the plaintiff's request because the request was directly provided to the NSC by the NSA, an agency subject to the FOIA.

Question 9

Prior to the passage of the Administrative Procedures Act,agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials.

Question 10

Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications,licenses,permits,available information,hearings,appeals,and decision making?

A) Executive law
B) Congressional law
C) Administrative law
D) Enabling law
E) Rule law

Question 11

Which of the following is true regarding types of powers administrative agencies have?

A) Agencies have legislative, judicial, and executive power.
B) Agencies have executive power and judicial power, but not legislative power.
C) Agencies have executive power and legislative power, but not judicial power.
D) Agencies have legislative power, but not executive power or judicial power.
E) Agencies have legislative power and judicial power, but not executive power.

Question 12

The Small Business Administration is an example of an executive agency.

Question 13

If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required,a court will interpret the rule as requiring formal rule making.

Question 14

Which of the following was the result in Alexis Perez v.John Ashcroft,the case in the text in which the plaintiff alleged that the Immigration and Naturalization Service (INS)wrongfully adopted a requirement of religious training in order to qualify for a visa to immigrants who seek to enter the U.S.to work in a religious vocation?

A) That the INS wrongfully adopted the requirement without entering into the formal rule-making procedure.
B) That the INS wrongfully adopted the requirement without entering into at least informal rule making and giving the public an opportunity to comment.
C) That the INS initially wrongfully adopted the requirement but that it would be allowed to remain because of its long-standing nature and the fact that mandating either informal or formal rule making would not change matters.
D) That the INS rightfully adopted the requirement because it merely represented an interpretation of previously existing INS regulations.
E) That the INS rightfully adopted the requirement without entering into the formal rule-making procedure because of the emergency situation existing in the U.S. in regard to immigration.

Question 15

Which of the following was the first federal administrative agency created?

A) The Interstate Commerce Commission
B) The Securities and Exchange Commission
C) The Internal Revenue Service
D) The Social Security Administration
E) The Food and Drug Administration

Question 16

Which of the following was the result at the U.S.Supreme Court level on the issue of whether,in order to address global climate change,the Clean Air Act authorizes the EPA to issue regulations involving the emission of greenhouse gases from new motor vehicles?

A) The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that it forms a judgment that such admissions contribute to climate change.
B) The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that Congress determines that such gasses significantly contribute to global climate change but that since Congress has made no such determination, the EPA is powerless to act on the issue.
C) The Court held that regardless of whether any determination is made as to the danger posed by such emissions, the Clean Air Act authorizes the EPA, in the director's discretion, to regulate greenhouse gas emissions from new motor vehicles.
D) The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles.
E) The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles unless vehicle manufacturers request guidance on the issue.

Question 17

Which of the following was the result in Yan Ju Wang v.George Valverde,the case in the text in which the plaintiff,a holder of a valid Class C (noncommercial)driver's license,applied for a Class B (commercial)driver's license but was caught cheating when taking the Class B test resulting in the revocation by the state Department of Motor Vehicles of his Class C license?

A) That the interpretation of the Department of Motor Vehicles of state law was correct and that it had the authority to revoke the Class C license.
B) That the interpretation of the Department of Motor Vehicles of state law was incorrect and that it had no authority to revoke the Class C license.
C) That although the interpretation of the Department of Motor Vehicles of state law was correct, the department failed to satisfy applicable requirements in notifying the plaintiff of its decision in regard to the Class C license and that the department's action was therefore null and void.
D) That although the interpretation of the Department of Motor Vehicles of state law was correct, applicable federal law prohibited the revocation of a Class C license due to misconduct in regard to the testing procedures for a Class B license.
E) That although the interpretation of the Department of Motor Vehicles of state law was incorrect, federal law prohibits fraud in connection with the application to operate any motor vehicle thereby justifying the revocation of the Class C license.

Question 18

There is no right to a jury trial in administrative agency disputes.

Question 19

Which of the following is true regarding reg-neg rule making?

A) It is the oldest and most accepted form of rule making involving negotiations among and between all parties before regulations are issued.
B) It is more formal than formal rule making and requires a vote by all identified interested parties prior to the issuance of a formal rule.
C) It is considered a form of legislative rule making by which interested parties may insist that an agency take certain action.
D) It is a form of rule making by which agencies may consult with other agencies before issuing informal rules so that rules of various agencies do not conflict.
E) It is a newer process by which interested groups and the agency attend sessions led by a mediator in an attempt to reach consensus.

Question 20

Administrative agencies are located at the federal level only.

Question 21

Executive agencies are referred to as which of the following?

A) Judicial-level agencies
B) Adjudicative agencies
C) Cabinet-level agencies
D) Approval agencies
E) Presidential agencies

Question 22

Which of the following is true regarding the type of rule making done by agencies?

A) Agencies engage in four types of rulemaking: formal, informal, informational, and hybrid.
B) Agencies engage in three types of rulemaking: formal, informal, and hybrid.
C) Agencies engage in three types of rulemaking: formal, informational, and hybrid.
D) Agencies engage in three types of rulemaking: informational, informal, and hybrid.
E) Agencies engage in two types of rulemaking: formal and informal.

Question 23

Which of the following is a federal executive agency?

A) The Food and Drug Administration
B) The Federal Trade Commission
C) The Securities and Exchange Commission
D) The Federal Communications Commission
E) The Equal Employment Opportunity Commission

Question 24

Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?

A) A subpoena
B) A subpoena duces tecum
C) A summons
D) A summons duces tecum
E) A required documented appearance

Question 25

What do the initials ALJ represent in the administrative law arena?

A) Administrative Legal Journal
B) Agency Legal Jargon
C) Administrative Law Judge
D) Agency Legal Judge
E) Agency Law Jurisprudence

Question 26

Which of the following is false regarding federal independent agencies?

A) Independent agencies are governed by a board of commissioners.
B) The president appoints the commissioners of independent agencies with the advice and consent of the Senate.
C) The commissioners may be removed in the discretion of the president.
D) No more than a simple majority of an independent agency can be members of any single political party.
E) The agencies are generally not located within any department.

Question 27

Which of the following is an order issued by an agency to appear at a particular time and place and bring specified documents?

A) A subpoena
B) A subpoena duces tecum
C) A summons
D) A summons duces tecum
E) A required documented appearance

Question 28

Which of the following is an act passed by Congress and serves as a major limitation on how federal agencies are run?

A) The Agency Restriction Act
B) The Regulatory Agency Act
C) The Agency Regulation Act
D) The Administrative Procedures Act
E) The Regulatory Restriction Act

Question 29

Which of the following is a federal independent agency?

A) The Federal Trade Commission
B) The Federal Aviation Agency
C) The Food and Drug Administration
D) The Federal Deposit Insurance Corporation
E) The National Science Foundation

Question 30

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

A) Combined
B) Hybrid
C) Joined
D) Registered
E) Compound

Question 31

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

A) Procedural
B) Interpretive
C) Legislative
D) Adjudicative
E) Executive

Question 32

Which of the following is true regarding the type or types of rules that an agency may enact?

A) The types of rules agencies may enact are procedural, interpretive, legislative, and executive.
B) The types of rules agencies may enact are procedural, interpretive, and legislative.
C) The types of rules agencies may enact are executive and interpretive.
D) The types of rules agencies may enact are legislative and executive.
E) Agencies may enact interpretive rules only.

Question 33

Which of the following are rules of an agency that are policy expressions that have the effect of law?

A) Procedural
B) Interpretive
C) Legislative
D) Adjudicative
E) None of these

Question 34

Parties in a dispute before an administrative law judge may reach a settlement via a[n] ____.

A) Certified agreement
B) Approved contract
C) Sealed compromise
D) Consent order
E) Administrative acknowledgement

Question 35

Agencies are classified as either ______ or ______.

A) Legislative; executive
B) Legislative; independent
C) Judicial; independent
D) Executive; independent
E) Judicial; executive

Question 36

Executive agencies tend to focus on ______ regulation whereas independent agencies are more often focused ______ regulation.

A) Social; economic
B) Political; safety
C) Social; political
D) Safety; social
E) Economic; safety

Question 37

Which of the following is true regarding decisions of federal administrative law judges appealed into the federal court system?

A) Decisions of administrative law judges are usually upheld.
B) Decisions of administrative law judges are usually denied.
C) Decisions of administrative law judges are upheld approximately 50% of the time.
D) Decisions of administrative law judges are generally upheld as a matter of law unless a jury is requested.
E) Decisions of administrative law judges are upheld as a matter of law because there is no right of appeal into the federal court system.

Question 38

Which of the following are the most common types of rule making done by agencies?

A) Formal and hybrid
B) Informal and hybrid
C) Formal and informal
D) Informational and informal
E) Informational and formal

Question 39

Which of the following is false regarding executive agencies at the federal level?

A) The administrative head of an executive agency is appointed by the president with the advice and consent of the U.S. House of Representatives.
B) Executive-agency heads may be discharged by the president at any time, for any reason.
C) When a new president is elected, he or she will typically place his or her appointees in charge of executive agencies.
D) Executive agencies are generally located within the executive branch under one of the cabinet-level departments.
E) Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.

Question 40

Which of the following are rules regarding the internal operations of an agency?

A) Procedural
B) Interpretive
C) Legislative
D) Adjudicative
E) Executive

Question 41

Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities?

A) Policy statements
B) Interpretive statements
C) Planning notices
D) Review statements
E) Warning notices

Question 42

Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?

A) The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B) Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E) Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

Question 43

Which of the following is false regarding the Freedom of Information Act?

A) Information may be obtained under the act regarding how an agency gets and spends its money.
B) Citizens are entitled to any records that government agencies have about them.
C) Records involving national security are exempted from the act.
D) Information regarding the agency's personnel records may be obtained under the act.
E) Records involving an individual's private life are exempted from the act.

Question 44

How many days,if any,does Congress have in which to review proposed agency rules?

A) 0 because Congress does not review proposed agency rules
B) 20
C) 30
D) 60
E) 90

Question 45

Which of the following are rules that do not create any new rights or duties but are step-by-step statements of what actions a party must take to be considered in compliance with an existing law?

A) Regulatory rule
B) Explanatory rule
C) Interpretive rule
D) Analysis rule
E) Application rule

Question 46

Which of the following is involved when an agency is referred to as a "captured" agency?

A) A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.
B) A belief that agency officials are unduly influenced by their political party.
C) A belief that agency officials are unduly influenced by politicians in the state in which the agency is located.
D) A belief that agency officials are unduly influenced by politicians in states most affected by the regulations issued by the agency.
E) A belief that agency officials are unduly influenced by the desires of Congress.

Question 47

Which of the following is not a basic limit on agency power?

A) Political
B) Statutory
C) Informational
D) Approved
E) Judicial

Question 48

Which of the following has the power to dissolve a federal agency?

A) The House of Representatives
B) The Senate
C) Congress
D) The President
E) The Administrative Regulatory Agency

Question 49

Which of the following is true regarding the statement by the agency head that agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion?

A) The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be overturned only if no evidence whatsoever supports the agency's interpretation of its regulation.
B) The agency representative is incorrect because agency decisions are usually struck down unless they are supported by clear and convincing evidence.
C) The agency representative is incorrect because agency decisions are usually struck down unless it can be established that an appeal of an agency decision is frivolous and without reason.
D) The agency representative is incorrect because a court will review a dispute with an agency on a de novo, meaning independent basis, giving no deference to the agency decision.
E) The agency representative is incorrect because while agency actions are usually upheld, they may be struck down if the agency exceeded its power or the facts are not supported by substantial evidence.

Question 50

Which of the following would likely be the result if Monique appeals to court after she is unable to resolve the issue through the agency?

A) Her appeal would be immediately dismissed by the judge because she had no right to an appeal a decision of an agency of this type.
B) She would lose unless she could establish that she was singled out for unfair treatment based on a review of others in her position who pled guilty to similar charges.
C) She would lose unless she could establish bias against her because of her race, color, gender, age, or national origin.
D) She would lose because courts will review agency interpretations of regulations only when there is clear and convincing evidence of a factual dispute which is nonexistent because she pled guilty to the DUI charge.
E) She would likely win because it appears that the agency exceeded its authority under the statute in that her DUI conviction did not involve matters, such as honesty, that the statute was meant to protect.

Question 51

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

A) The Congressional Review
B) The Congressional Record
C) The Agency Periodical
D) The Comment and Review Forum
E) The Federal Register

Question 52

Which of the following is the most likely type of rule making that Debby will propose?

A) Informal
B) Formal
C) Legislative
D) Regulatory
E) Procedural

Question 53

In informal rule making,the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register.

A) 15
B) 20
C) 30
D) 45
E) 60

Question 54

Which of the following was the result on appeal in the case of Lakeland Enterprises of Rhinelander Inc.,v.Chao,the case in the text involving whether the constitutional rights of the defending sewer and water contractor were violated following an inspection by an OSHA officer resulting in the issuance of citations?

A) That the contractor waived any protection involving the requirement of a search warrant under the Fourth Amendment by not objecting to the inspection at issue.
B) That protections under the U.S. Constitution are not available when administrative agency action is at issue.
C) That protections under the U.S. Constitution are only available when administrative agency action is at issue if incarceration is at issue.
D) That a search warrant should have been obtained pursuant to the Fourth Amendment, that the search was invalid, and that the citations were invalid.
E) That a search warrant should have been obtained pursuant to the Fourth Amendment, that the search was invalid, but that the citations would not be revoked because employee safety was involved.

Question 55

Which of the following is the correct term for legislation passed by Congress specifying the name,functions,and specific powers of the Animal Protection Commission?

A) Enabling legislation
B) Enacting legislation
C) Approving legislation
D) Administrative regulation
E) Agency regulation

Question 56

To which of the following does the federal Freedom of Information Act not apply?

A) Congress
B) The federal courts
C) The executive staff of the White House
D) The Internal Revenue Service
E) State or local governments

Question 57

After publication what would be the next step in obtaining enactment of the rules?

A) A vote in Congress
B) Approval by the president through an executive order
C) A public hearing
D) Opportunity for all interested parties to submit written comments
E) A hearing before an administrative law judge

Question 58

Which of the following is the appropriate agency classification for the Accounting Commission?

A) Executive
B) Independent
C) Administrative
D) Legislative
E) Judicial

Question 59

Which of the following is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings?

A) Rule-making proceedings with regard to military or foreign affairs.
B) Rule making with regard to agency management or personnel.
C) Rule-making proceedings with regard to complaints about the agency.
D) Rule making with regard to agency property.
E) Rule making with regard to agency contracts.

Question 60

In order to be upheld in court,an agency's fact finding must be supported by which of the following?

A) Substantial evidence
B) A rational basis
C) Any evidence
D) Material evidence
E) Non-hearsay evidence

Question 61

Set forth the steps involved in formal rule making.

Question 62

When is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" most commonly used and what must the agency do if this avenue is chosen?

Question 63

Set forth the stages of informal rule making.

Question 64

Which of the following is true regarding the claim of ABC Co.that the agency had no power to compel attendance and the production of documents?

A) ABC Co. is correct because while the agency had the right to request voluntary compliance and refer ABC Co. to law enforcement if ABC Co. would not voluntarily comply, the agency had no power to require compliance.
B) ABC Co. is correct in that the agency could not require the production of documents, but incorrect regarding the power of the agency to require attendance at a hearing.
C) ABC Co. is correct in that the agency could not require attendance at a hearing, but incorrect regarding the power of the agency to require the provision of documents.
D) ABC Co. is incorrect and the agency had the power to issue a document called a subpoena requiring attendance at a hearing and a document called a subpoena duces tecum requiring that ABC Co. bring specified documents to the hearing.
E) ABC Co. is incorrect and the agency had the power to issue a document called a certified order requiring attendance at a hearing and a document called a summons requiring that ABC Co. bring specified documents to the hearing.

Question 65

Why are administrative agencies at times referred to as the "fourth branch of government," and are administrative agencies in fact a fourth branch of government?

Question 66

Set forth the steps involved in hybrid rule making.

Question 67

Which of the following is true regarding the claim of ABC Co.that agencies have no power to issue rules containing criminal penalties?

A) ABC Co. is correct.
B) ABC Co. is incorrect, but any criminal penalties enforced by an agency may not exceed a fine of $1,000.
C) ABC Co. is incorrect, but any criminal penalties enforced by an agency may not exceed a fine of $10,000.
D) ABC Co. is incorrect regarding its claim that all agencies lack the authority to enforce a criminal penalty, but correct in that the Animal Protection Commission cannot enforce a criminal penalty because an agency can only enforce a criminal penalty if human health or national security is involved.
E) ABC Co. is incorrect, and the Animal Protection Commission can enforce criminal penalties.