Question 1

Legally authorized administrative agency investigations must be&#10;A)reasonable&#10;B)conducted for a legitimate purpose&#10;C)seek relevant, non-privileged information&#10;D)All of the above

Accepted Answer

Legally authorized administrative agency investigations must be reasonable, conducted for a legitimate purpose, and seek relevant, non-privileged information. All three options are important for ensuring that the investigation does not violate individuals' rights and that the agency is only seeking information that is necessary for their authorized purpose. Legally authorized administrative agency investigations must meet all three criteria of being reasonable, conducted for a legitimate purpose, and seeking relevant, non-privileged information.

Question 2

A party is able to discover information in preparation for an administrative hearing.

Accepted Answer

Parties have the right to discover information from the opposing party in preparation for an administrative hearing. This can be done through various means such as written requests, depositions, and subpoenas. Parties involved in an administrative hearing are typically allowed to gather and discover information to prepare for the hearing. This includes requesting documents, conducting depositions, and issuing subpoenas. However, there may be limitations and rules regarding the scope of discovery.

Question 3

The delegation doctrine requires that a party may complete the administrative process prior to seeking judicial review.

Accepted Answer

The delegation doctrine refers to the principle that Congress can delegate its legislative powers to administrative agencies, not to the requirement of completing the administrative process before seeking judicial review.

Question 4

A paralegal cannot represent a claimant before a federal agency if it would constitute the unauthorized practice of law under state statutes.

Accepted Answer

The answer of A paralegal cannot represent a claimant before...

Question 5

Administrative law regulates individuals but not businesses.

Accepted Answer

Administrative law regulates both individuals and businesses in relation to government agencies and their actions. Administrative law regulates both individuals and businesses, as it governs the actions of administrative agencies that interact with individuals and businesses alike.

Question 6

True A party is required to be aggrieved by an agency decision before it can seek judicial review.

Accepted Answer

This is correct. In order for a party to seek judicial review of an agency decision, they must be directly affected or aggrieved by the decision. This means that they have a personal stake in the outcome of the decision and are not just acting as a bystander or interested party. Without this requirement, the courts would be inundated with frivolous or irrelevant lawsuits. This is known as the doctrine of standing in administrative law. It requires that a party must have a sufficient stake or interest in the outcome of a case before they can challenge an agency's decision in court. This means they must be personally affected or aggrieved by the decision in some way.

Question 7

When might a claimant be entitled to a trial de novo when a court is reviewing agency action?&#10;A)When a trial de novo is required by statute.&#10;B)When he can show he is aggrieved by the agency decision.&#10;C)When the claimant has exhausted his administrative remedies.&#10;D)A trial de novo is never allowed.

Accepted Answer

A trial de novo is permitted when it is specifically required by statute. This means that the law governing the specific type of case or agency action explicitly allows for a new trial in a court, which does not rely on the agency's record but instead permits the introduction of new evidence and findings.

Question 8

An agency that is conducting an investigation is acting in a quasi-legislative activity.

Accepted Answer

An agency that is conducting an investigation is typically engaged in a quasi-judicial activity, not quasi-legislative. Quasi-legislative activity involves the creation of rules and regulations, while quasi-judicial activity involves the application of those rules and regulations to specific cases.

Question 9

Administrative agencies act in a quasi-judicial capacity when&#10;A)adopting regulations&#10;B)conducting investigations&#10;C)adjudicating cases, and issuing orders or decisions&#10;D)conducting a search of a regulated area

Accepted Answer

Administrative agencies act in a quasi-judicial capacity when adjudicating cases, and issuing orders or decisions. This means they are performing functions similar to a court, such as hearing evidence, making decisions on the merits of a case, and issuing orders that may be enforced like a court judgment. This is different from adopting regulations, which is a quasi-legislative function, and conducting investigations or searches, which are more administrative or executive in nature. Administrative agencies act in a quasi-judicial capacity when adjudicating cases, and issuing orders or decisions. This means they have the power to make decisions that are legally binding, similar to a court. When agencies adopt regulations or conduct investigations, they are acting in a quasi-legislative or quasi-executive capacity, respectively. Conducting a search of a regulated area would fall under the agency's enforcement powers, which are also quasi-executive.

Question 10

Which of the following statutes provides public accountability for administrative agencies?&#10;A)Sunshine Act&#10;B)Freedom of Information Act&#10;C)Equal Access and Justice Act&#10;D)All of the above

Accepted Answer

All of the choices listed contribute to public accountability for administrative agencies. The Sunshine Act requires that meetings of government agencies be open to the public, the Freedom of Information Act (FOIA) allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government, and while the "Equal Access and Justice Act" might be a misnomer or less commonly known, it likely refers to principles or legislation aimed at ensuring public access to government information or proceedings, similar to the Equal Access to Justice Act, which helps reduce barriers to challenging governmental decisions.

Question 11

The principle of standing provides an administrative agency with enforcement power.

Accepted Answer

The answer of The principle of standing provides an administrative...

Question 12

An order or decision is issued at the conclusion of an agency's adjudication.

Accepted Answer

The answer of An order or decision is issued at...

Question 13

An agency provides notice of a proposed rule and an opportunity to comment prior to enacting a rule or regulation.

Accepted Answer

The answer of An agency provides notice of a proposed...

Question 14

The federal Administrative Procedure Act provides that an agency must publish the final version of a rule before it becomes effective.

Accepted Answer

The answer of The federal Administrative Procedure Act provides that...

Deck 13: Administrative Law