Deck 44: Administrative Law

Question 1

Agencies typically act more swiftly than ________ in creating and enacting laws.

A) Congress
B) courts
C) the executive branch
D) the U.S. Senate
E) the U.S. House of Representatives

Answer 1

A

Question 2

Which of the following does administrative law not cover?

A) substantive rules made by administrative agencies
B) procedural laws made by administrative agencies
C) constitutional law
D) hearings on administrative rulings
E) Licensing and permits

Answer 2

C

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

Question 4

Which agency was the first administrative agency created by Congress in the U.S. designed to help combat the anti-competitive nature of the railroads?

A) Interstate Commerce Commission.
B) Environmental Protection Agency
C) National Labor Relations Agency
D) Railroad Commission Agency
E) Workers Commission

Question 5

The Interstate Commerce Commission was created by Congress as a means to better control the anticompetitive conduct of railroads.

Question 6

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

Question 7

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

Question 8

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

Question 9

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 10

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 11

An example of an executive agency is the Small Business Administration.

Question 12

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

Question 13

Informal rule making is the primary type of rule making used by administrative agencies.

Question 14

Administrative agencies run the same way a court does including jury trials.

Question 15

The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

Question 16

Administrative agencies are located at the federal level only.

Question 17

Interpretive rules are generally very detailed, step-by-step statements of what actions a party must take to be considered in compliance with an existing law.

Question 18

Once an administrative law judge rules, the next step is to appeal to the U.S. Supreme Court.

Question 19

Administrative agencies are sometimes called the unofficial "fourth branch of government."

Question 20

Formal rule making is also called notice-and-comment rule making.

Question 21

Which of the following would be rules that explain how an agency views the meaning of statutes?

A) Substantive
B) Legislative
C) Analytical
D) Interpretive
E) Executive

Question 22

What are the two classifications of agencies?

A) Judicial; federal
B) Independent; federal
C) Judicial; independent
D) Executive; independent
E) Judicial; executive

Question 23

Executive agencies are generally located within the executive branch, under one of the ________ and are referred to as cabinet-level agencies.

A) judicial departments
B) adjudicative departments
C) cabinet-level departments
D) presidential cabinet agencies
E) presidential agenda departments

Question 24

Examples of independent agencies include all but which of the following ________.

A) the Federal Trade Commission
B) the Federal Aviation Agency
C) Securities and Exchange Commission
D) Federal Communications Commission
E) there are no independent agencies, only executive agencies

Question 25

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 26

What rules may an agency enact?

A) Procedural, interpretive, legislative, and executive.
B) Procedural, interpretive, and legislative.
C) Executive and interpretive only.
D) Legislative and executive only.
E) Agencies may enact interpretive rules only.

Question 27

Regarding executive agencies at the federal level, which of the following is false?

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 28

________ rules of an agency are policy expressions that have the effect of law.

A) Substantive
B) Procedural
C) Legislative
D) Adjudicative
E) Exclusive

Question 29

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 30

Regarding federal independent agencies, which of the following is false?

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 at 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 31

________ are what Congress uses to create administrative agencies.

A) Administrative statutes
B) Enabling statutes
C) Creation statutes
D) Federal administration statutes
E) Interstate statutes

Question 32

Which statement is correct 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 reversed.
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 33

________ 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 34

________ is a federal executive agency located within the Department of Transportation.

A) The Food and Drug Administration
B) The Federal Trade Commission
C) The Securities and Exchange Commission
D) The Federal Communications Commission
E) The Federal Aviation Agency

Question 35

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

A) Procedural
B) Executive
C) Internal
D) Adjudicative
E) Possession

Question 36

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 37

Which statement is correct 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 38

Why was the Interstate Commerce Commission, the first federal administrative agency, created?

A) To better control the anticompetitive nature of railroads.
B) To deal with anticompetitive competition between states.
C) To help farmers get better grain prices.
D) To allow the government better control over interstates.
E) To handle inconsistencies within the food and drug industry.

Question 39

Which statement is correct 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 40

Varon was ordered by an administrative agency to appear before them and bring with him all of the documents associated the with the case before them. This order is known as a(n)

A) subpoena
B) subpoena duces tecum
C) summons
D) order duces tecum
E) testify before us order

Question 41

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

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

Question 42

The federal Freedom of Information Act applies to ________.

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 43

When did Congress pass the Administrative Procedures Act?

A) 1920
B) 1946
C) 1965
D) 1980
E) 1999

Question 44

[New Agency] Ruth just got a job as an assistant in a new federal agency called the Accounting Commission, which was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and can be removed only for cause. No more than a majority of the commissioners may be from the same political party. The agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Ruth's boss, Odette, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Odette also told her that at this point she was not very interested in hybrid rule making.
Which of the following is the most likely type of rulemaking that Ruth will propose?

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

Question 45

________ grant agencies executive power to investigate potential violations of rules or statutes.

A) Enabling statutes
B) Rule making legislation
C) Interpreting rules
D) Investigative authority
E) Empowering statutes

Question 46

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 47

Exemptions to the Freedom of Information Act, include all but which of the following?

A) national security
B) internal agency matters
C) criminal investigations
D) information on policy statements
E) financial institutions.

Question 48

An agency's fact finding must be supported by ________, in order to be upheld in court.

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

Question 49

If Marlink is wanting to know how an agency will interpret a specific rule, she should look to which of the following?

A) Regulator rules
B) Purpose statements
C) Interpretive rules
D) Procedural rules
E) Application statement

Question 50

________ agencies do not clearly fall into one classification or the other.

A) Dual-action
B) Double
C) Conjoined
D) Complicated
E) Hybrid

Question 51

[New Agency] Ruth just got a job as an assistant in a new federal agency called the Accounting Commission, which was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and can be removed only for cause. No more than a majority of the commissioners may be from the same political party. The agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Ruth's boss, Odette, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Odette also told her that at this point she was not very interested in hybrid rule making.
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

The ________ includes the date on which a rule enacted to informal rule making becomes effective, which must be at least 30 days after publication.

A) Code of Regulations
B) Agency Procedures
C) Federal Register
D) Constitution
E) Administrative Procedures Supplement

Question 53

Executive agencies can make rules covering a broad spectrum of industries and activities but tend to focus mostly on ________

A) social regulations
B) politics
C) public safety
D) economic realities
E) trade with foreign countries

Question 54

[New Agency] Ruth just got a job as an assistant in a new federal agency called the Accounting Commission, which was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and can be removed only for cause. No more than a majority of the commissioners may be from the same political party. The agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Ruth's boss, Odette, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Odette also told her that at this point she was not very interested in hybrid rule making.
Which of the following is the appropriate agency classification for the Accounting Commission?

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

Question 55

________ 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 56

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

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

Question 57

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 58

What are the types of rules that agencies engage in making?

A) Formal, informal, informational, and hybrid.
B) Formal, informal, and hybrid.
C) Informational and substantive.
D) Stabilizing and political.
E) Informal and regulating.

Question 59

Agencies are limited in their scope and ability to run based on which of the following?

A) Agency Regulations Act
B) Federal Agency Rules Act
C) Popular Agency Act
D) Administrative Procedures Act
E) Regulatory Restriction Act

Question 60

________ 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 61

Why do some people believe informal decision making is unfair?

A) Parties interested in the proposed rule have no notice that a rule was proposed.
B) Parties interested in the proposed rule cannot comment.
C) Parties interested in the proposed rule have no idea what types of evidence the agency has received from other sources.
D) Parties interested in the proposed rule cannot comment until the rule is already published.
E) Most people believe informal decision making is fair.

Question 62

In the text case of Open Communities Alliance v. Carson, The US Department of Housing and Urban Development (HUD), without notice and comment or any evidence, delayed almost entirely by two years implementation of a rule requiring local Public Housing Authorities in 24 metropolitan areas to calculate housing vouchers' values based on local, rather than metropolitan-wide, prevailing market rents. The plaintiffs sought a preliminary injunction to require HUD to implement the rule on its effective date of January 1, 2018. What was the result?

A) The court granted the preliminary injunction, holding that HUD's suspension of the rule was done without proper notice and comment procedure, did not meet any of the three exceptions to the requirement of notice and comment, and that the action was arbitrary and capricious.
B) The court denied the preliminary injunction, holding that HUD's suspension of the rule was done without proper notice and comment procedure, did not meet any of the three exceptions to the requirement of notice and comment, and that the action was arbitrary and capricious.
C) The agency can choose which procedures to use when it modifies a rule.
D) The agency must send a notice via mail to all interested parties when it modifies a rule.
E) The agency must use the notice-and-comment procedure when it modifies rules.

Question 63

What option does a party have if he or she does not appeal the ALJ's initial order within the allowed timeframe?

A) The party can file a motion to request appeal to have the decision reviewed.
B) The party can refile the claim with the agency and have it decided by a different ALJ.
C) The party can refile the claim in the trial court.
D) The party can initiate mediation.
E) There are no options and the initial order becomes a final order.

Question 64

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 65

In the case text Doe v. United States SEC, the SEC served Google with a subpoena seeking the identity of an email address linked to touting activity. Google sent the subpoena to the owner of the email address. The owner of the email address then filed a motion to quash the subpoena and information request directed at Google, which of the following was the result?

A) The court granted the motion, finding a violation of the email address owner's First Amendment rights.
B) The court granted the motion, finding the SEC did not meet its burden of showing how the email address was linked to the touting activity.
C) The court denied the motion, finding the SEC proved beyond a reasonable doubt who owned the email address.
D) The court denied the motion, finding the SEC sufficiently established email ownership and it was relevant in its touting investigation.
E) The court denied the motion because the email address owner did not have standing, Google was the only party that had standing to challenge the subpoena.

Question 66

[Disputed Dominion] Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
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.

Question 67

[License Challenge] Talia was licensed by her state to train massage therapists. The state-licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. While driving home late one night from a party, Talia was stopped by police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the conviction, the officials of the agency met, decided that Talia might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Talia threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Talia's state is identical to the federal system.
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 reversed if no evidence whatsoever supports the agency's interpretation of its regulation.
B) The agency representative is incorrect because agency decisions are usually reversed unless they are supported by clear and convincing evidence.
C) The agency representative is incorrect because agency decisions are usually reversed 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 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 reversed if the agency exceeded its power or the facts are not supported by substantial evidence.

Question 68

[Disputed Dominion] Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
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 subpoena requiring attendance at a hearing and 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 certified order requiring attendance at a hearing and a summons requiring that ABC Co. bring specified documents to the hearing.

Question 69

Which of the following is the effect of an order rendered by ALJs, who have the authority to enter an order if the parties cannot reach a settlement, which of the following is the effect of an order?

A) The order is nonbinding and cannot be appealed.
B) The order is nonbinding and can be appealed.
C) The order is binding and can be appealed.
D) The order is binding and cannot be appealed.
E) The order is nonbinding.

Question 70

Which type of rule making provides the opportunity for written comments and then an informal public hearing is held with a restricted opportunity for cross-examination?

A) Formal
B) Informal
C) Hybrid
D) Combined
E) Exempted

Question 71

[License Challenge] Talia was licensed by her state to train massage therapists. The state-licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. While driving home late one night from a party, Talia was stopped by police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the conviction, the officials of the agency met, decided that Talia might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Talia threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Talia's state is identical to the federal system.
Regarding the statement of the agency that Talia had no right to appeal to court, which statement is true?

A) The agency representative was wrong; and if Talia 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 Talia 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 Talia has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

Question 72

[Disputed Dominion] Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
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 73

In the case text Warner-Lambert Company v. United States, Warner-Lambert imported and sold cough drops. The Customs Service reclassified the cough drops as imported vitamin C supplement drops, which subjected the drops to a duty of 6.1 percent. Which of the following was the result?

A) If a reviewing court finds the agency's construction of an ambiguous statute is reasonable, it cannot reverse the agency's decision because it would have interpreted the statute differently.
B) A reviewing court can look at an agency's decision de novo and decide for itself the best statutory interpretation.
C) A reviewing court can only reverse an agency's decision if it considered improper facts.
D) A reviewing court can reverse an agency's decision if there is a better and more applicable reasoning.
E) A reviewing court is bound by the decision of the agency.

Question 74

How often is the Federal Register published?

A) daily
B) weekly
C) monthly
D) every six months
E) once a year

Question 75

When must an agency respond to comments it receives regarding a proposed rule?

A) When the comment concerns public policy.
B) When the comment concerns the constitutionality of the proposed rule.
C) When the comment is by an elected official.
D) When the comment significantly concern the proposed rule.
E) An agency never has to respond to comments.

Question 76

Why is informal rule making used more often than other methods?

A) It is efficient for the agency in terms of time and cost.
B) It creates a more transparent system.
C) It cannot be challenged.
D) It requires a formal public hearing.
E) It requires a formal record.

Question 77

[License Challenge] Talia was licensed by her state to train massage therapists. The state-licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. While driving home late one night from a party, Talia was stopped by police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the conviction, the officials of the agency met, decided that Talia might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Talia threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Talia's state is identical to the federal system.
If Talia appeals to court after she is unable to resolve the issue through the agency, what would likely be the result?

A) The court would immediately dismiss her appeal 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 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 78

Exemption rule making allows an agency to decide whether public participation will be allowed. Exemptions include rule-making proceedings with regard to all but which of the following?

A) Military affairs
B) Agency management or personnel
C) Public property, loans, grants, benefits, or contracts of an agency
D) Foreign affairs
E) Executive orders

Question 79

What is the name of the government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule?

A) Federal Reporter
B) Federal Register
C) Federal Reports
D) Federal Rules Reporter
E) Federal Rules Register

Question 80

When can the administrative head of an executive agency be discharged?

A) The administrative head of an executive agency can only be discharged for cause by Congress.
B) The administrative head of an executive agency can be discharged for any reason at anytime by Congress.
C) The administrative head of an executive agency can only be discharged for cause by the president.
D) The administrative head of an executive agency can be discharged for any reason at anytime by the president.
E) An administrative head of an executive agency can be impeached by Congress for cause.