Deck 18: Administrative Law

Question 1

Administrative agencies exercise their policymaking function through _____.

Answer 1

rulemaking

Question 2

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

Answer 2

False
Explanation: Administrative warrants are held to a lower probable cause standard.

Question 3

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

Answer 3

Administrative Procedures

Question 4

Administrative law hearings are presided over by ________ judges.

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

Informal rulemaking is not permitted under the Administrative Procedures Act.

Question 10

Administrative agencies at the state level do not issue licenses.

Question 11

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

Question 12

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 13

Proposed agency rules are published in the _____.

Question 14

Final effective ________ are published in the Code of Federal Regulations.

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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 22

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 23

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

Question 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

Congress has no power to remove an agency head.

Question 30

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

Question 31

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

Question 32

The substantial evidence test is applied by the courts to determine whether or not the agency's actions were lawful with regard to investigations and licensing.

Question 33

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

Question 34

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

Question 35

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

Question 36

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

Question 37

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

Question 38

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

Question 39

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

Question 40

States often have their own versions of federal administrative agencies.

Question 41

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 42

In American Medical Association v. United States Internal Revenue Service, the IRS had proposed a rule that would change the way dues and memberships were allocated and taxed, with tax liability based on a seven-factor test. After the comment period the IRS revised the rule, changing to a three-factor test, and published it as final. The AMA claimed that this rule was invalid because there had been no comment period for the revision. The court held that:

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

Question 43

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 44

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 45

Disputes on matters under an agency's jurisdiction are adjudicated:

A) in administrative law hearings.
B) in state courts.
C) in federal courts.
D) by licensing boards.

Question 46

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 47

Which of the following is not a major source of administrative law?

A) the Constitution
B) enabling statutes
C) the Administrative Procedures Act
D) public opinion

Question 48

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

Question 49

Public comment on proposed rules generally comes from:

A) other agencies
B) an ordinary citizen
C) public advocacy groups
D) members of Congress

Question 50

The president's authority to exercise power over administrative agencies is derived from:

A) federal law.
B) judicial decisions.
C) the Constitution.
D) congressional delegations.

Question 51

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

Question 52

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 53

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

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

Question 54

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 55

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 56

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 57

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 58

What step comes directly prior to public comment in the rulemaking process?

A) judicial challenges
B) proposed rule publication
C) public comment
D) enabling statute

Question 59

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 60

For which of the following is an occupational license issued by an agency not required?

A) lawyers
B) college and university professors
C) hairstylists
D) kindergarten teachers

Question 61

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 62

Once public debate and comment are concluded, an agency will publish the final rule and its effective date in the:

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

Question 63

Name and discuss the four sources of administrative law.

Question 64

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 65

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 the alternatives.

Question 66

Which of the following is not an administrative agency function?

A) policymaking
B) creating statutes
C) licensing and permitting
D) investigation and enforcement

Question 67

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

Question 68

In Federal Communications Commission v. Fox Television Stations Inc., the FCC had followed a restrained enforcement policy for profanity used on television. It used a two-prong test to judge indecency violations. The FCC also offered a three-part test to determine whether or not material was patently offensive. In 2003 Bono's acceptance speech at an awards show included the use of the word f-k, and the FCC ruled that the word did not violate the indecency policy. After that, the FCC instituted a zero-tolerance rule for certain words no matter what the circumstance. In 2006 Fox was fined when presenters at an award show used expletives similar to Bono's usage in 2003. Fox brought an action to have the new standard invalidated. The Supreme Court held that:

A) the FCC's new standard was not valid because its standards require congressional approval.
B) the FCC's actions were not arbitrary and capricious and its reasoning for expanding the scope of its enforcement activity was rational and consistent with reasoned decision making.
C) the FCC had not supplied any reasoned analysis for the radical departure from its previous policies.
D) the new standard was invalid because the FCC lacked empirical evidence in its decision making.

Question 69

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) publication of the rule
B) revision
C) public comment
D) study and research

Question 70

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 71

Which of the following is not a source of administrative law?

A) the Constitution
B) the Administrative Procedures Act
C) common law
D) treaties

Question 72

Describe the state of administrative law at the state level. What are some examples of parallel agencies?

Question 73

The EPA would like to propose a new rule lowering the emissions requirements for coal factories. The agency writes a new rule. Where is the EPA in the rulemaking process? What is the next step?

Question 74

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

Question 75

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 76

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 77

How does an agency regulate through licensing?

Question 78

Describe the probable cause standard used for administrative warrants.

Question 79

What is the logical-outgrowth test?

Question 80

What are the four primary functions of administrative agencies?