Deck 17: Administrative Law

Question 1

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

Answer 1

Regulations

Question 2

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

Answer 2

Attorney

Question 3

Informal rulemaking is not permitted under the Administrative Procedures Act.

Answer 3

False
Explanation: The APA permits informal rulemaking.

Question 4

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

Question 5

Administrative agencies at the state level do not issue licenses.

Question 6

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

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

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

Question 10

Proposed agency rules are published in the _____.

Question 11

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

Question 12

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

Question 13

The ________ gives the president power to appoint officers of the U.S.which includes heads of administrative agencies.

Question 14

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

Question 15

Administrative law hearings are presided over by ________ judges.

Question 16

Administrative agencies exercise their policymaking function through _____.

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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

Question 22

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

Question 23

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

Question 24

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

Question 25

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

Question 26

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

Question 27

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 28

Congress has no power to remove an agency head.

Question 29

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

Question 30

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

Question 31

States often have their own versions of federal administrative agencies.

Question 32

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

Question 33

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

Question 34

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

Question 35

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

Question 36

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

Question 37

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

Question 38

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

Question 39

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

Question 40

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

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

Under the Administrative Procedures Act,Congress has the authority to cancel an agency's final rule if all of these 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 court's within 60 days.
D) the overruling resolution is presented to the president

Question 43

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

A) 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 44

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) publically announces agency meetings ahead of time

Question 45

Where does the president get authority to exercise power over administrative agencies?

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

Question 46

In American Medical Association v.United States Internal Revenue Service the IRS had proposed a rule that made changes to the way the allocation of dues and memberships were taxed using a seven factor test.After the comment period the IRS revised the rule to a three factor test that was published as final.The AMA claimed that the 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. Because they had not done so, the new rule was invalid.
B) the IRS should have given property notice of the revision but it did invalidate the rule because the IRS is not required to go through formal rule making procedure.
C) the IRS did not need to give public notice of the revision because it 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 47

The Supreme Court established the standard for lower courts when 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 48

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

A) three days
B) seven days
C) fourteen days
D) thirty days

Question 49

Which of these is not a major source of administrative law?

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

Question 50

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:

A) the probable cause standards for administrative warrants were the same as criminal warrants and the criminal standard had been met in this case which allowed for a reasonable use of force in executing the warrant.
B) the probable cause standards for administrative warrants is lower than for criminal warrants and the warrant could be executed using a reasonable degree of force.
C) the probable cause standard for administrative warrants is lower than for criminal warrants but cannot be executed with any degree of force.
D) the probable cause standard for administrative warrants is the same as for criminal warrants but that standard had not be met in these circumstances

Question 51

The rule making requirement that an agency does not need to publish revised rules for comment unless they are radically different from the original is known as:

A) the arbitrary and capricious standard.
B) the Chevron test.
C) the logical outgrowth test.
D) the McDonnell-Douglas test

Question 52

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:

A) the arbitrary and capricious standard.
B) the Chevron test.
C) the logical outgrowth test.
D) the McDonnell-Douglas test

Question 53

Where are hearings on matters under an agency's jurisdictions adjudicated?

A) administrative law hearings
B) state court
C) federal court
D) licensing boards

Question 54

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

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

Question 55

Public comment on proposed rules generally comes from which one of these?

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

Question 56

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 57

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

A) during any point in the rule making process
B) after public notice has been given
C) after the final rule has been published
D) during public comment

Question 58

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 it was a logical outgrowth of the original rule
D) no, there was no need for publication of the original rule

Question 59

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 60

What must Congress do first to establish an administrative agency?

A) nothing, it is an executive power
B) obtain judicial approval the creation
C) enact an enabling statute
D) research if a new agency is needed

Question 61

Name and discuss the four sources administrative law.

Question 62

Which of these is not a source of administrative law?

A) Constitution
B) Administrative Procedures Act
C) Common Law
D) Treaties

Question 63

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 64

Which of these is not an administrative agency function?

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

Question 65

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

Question 66

What is the logical outgrowth test?

Question 67

What is the first step in the agency rulemaking process?

A) determine legislative authority
B) draft the proposed rule change
C) filing for a hearing to start formal rulemaking procedure
D) study and research

Question 68

How does an agency regulate through licensing?

Question 69

The FDA is proposing new rules for over the counter pain medication.They would expect to hear from various pharmaceutical groups in favor of the regulation and from several medical associations on the public health,the 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

When is formal agency rulemaking used?

A) only if the enabling statute requires it
B) if the agency believes that a proposed rule will be controversial
C) when required by the Administrative Procedures Act
D) any time an agency makes a new rule

Question 71

Once public debate and comment is 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 72

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

A) federal judge
B) agency head
C) state judge
D) there is no administrative appeal process

Question 73

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 74

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

Question 75

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

Question 76

What are the four primary functions of administrative agencies?

Question 77

In Fox Television Stations Inc.v.United States Federal Communications Commission the FCC had followed a restrained enforcement policy for profanity used on television.They 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 it 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 an explicative similar to Bono's usage in 2003.Fox brought an action to have the new standard invalidated.The court held that:

A) the new standard was not valid because the FCC's standards require Congressional approval.
B) the new standard was not valid because the FCC had not provided any reasoned analysis as the to the rationale for the change.
C) the new standard was valid because of a change in policy resulting from a change in public opinion.
D) the new standard was valid because it did not exceed the statutory authority given to FCC and it complied with statutory procedure

Question 78

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

Question 79

Describe the probable cause standard used for administrative warrants.

Question 80

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

A) enacted into law
B) rule goes back to committee for revisions
C) public comment
D) notice is given