Deck 3: Agency Discretion

Question 1

What is an opinion issued by an agency,upon request,that offers the agency'sinterpretation of law or asserts the agency's policy,practices,or procedures?

A) Declaratory order
B) Judicial opinion
C) Executive order
D) Advisory opinion

Answer 1

D

Question 2

Which of the following is not a limitation on agency discretion?

A) The law
B) Enforcement of criminal sanctions against the agency head
C) Public accountability
D) All of the above are limitations on agency discretion.

Answer 2

B

Question 3

In which of the following cases did the court state "the courts retain theauthority to check agency policymaking for procedural compliance and for arbitrariness.But the courts cannot properly reexamine the wisdom of an agency-promulgatedpolicy…"?

A) Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.
B) Brock v. Roadway Express, Inc.
C) Gonzalez v. Reno
D) General Motors v. Federal Energy Regulatory Commission

Answer 3

C

Question 4

Agencies are often charged with the establishment of testing and inspection to monitor legal compliance.Assuming a valid exercise of the agency's discretion,which of the following may be successfully challenged?

A) Whether a test should be conducted
B) The validity or reliability of a test
C) When a test should be performed
D) Where a test is to be performed

Question 5

What is the name of the federal law that limits the issuance of declaratory orders to situations in which a formal adjudication is required?

A) Declaratory Order Act
B) Administrative Procedures Act (APA)
C) Federal Arbitration Act
D) Declaratory Procedure Act

Question 6

Which of the following is not a method that may be available to an agency charged with protection of the public?

A) A mandatory recall of a defective product
B) Imposing mandatory and binding arbitration regarding the agency's dispute with a manufacturer producing a defective product without prior agreement
C) Issuance of a cease and desist order stopping production of a defective product
D) All of the above can be valid exercises of an agency's right to protect the public.

Question 7

Which term describes a situation where an agency exceeds its statutory mandate and acts outside of the scope or legal limits?

A) Ultra vires
B) Advisory opinion
C) The Chevron Doctrine
D) Agency immunity

Question 8

What type of agency actions is considered the lifeblood of the administrative process?

A) Formal processes
B) Informal processes
C) Formal rulemaking
D) All of the above

Question 9

Which of the following limits the exercise of agency discretion?

A) The Due Process Clause
B) The Equal Protection Clause
C) The Due Process Clause and the Equal Protection Clause
D) Agency discretion is not limited by anything other than its enabling statute.

Question 10

Which of the following cases stated that,"If an agency considers all of the relevant factors so that a court can satisfy itself that the agency has actually exercised its discretion,an agency's decision to refrain from investigation is unreviewable…"?

A) Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.
B) Brock v. Roadway Express, Inc.
C) Gonzalez v. Reno
D) General Motors v. Federal Energy Regulatory Commission

Question 11

When agencies act informally:

A) fairness is rarely an issue
B) there are often few or no procedures to protect individuals
C) there are always defined rules and standards designed to protect individuals
D) Because they are created by statute, agencies never act informally.

Question 12

Joseph is a physician.His state's licensing agency has received a large number of complaints about him,and recently two of his patients have mysteriously died while under his care.The licensing agency revokes his license to practice medicine in a summary proceeding without a hearing.

A) Summary protective actions are always per se violative of equal protection.
B) Summary protective actions are always per se violative of due process.
C) Summary protective actions are not per se violative of equal protection if an immediate post-action hearing is conducted.
D) Summary protective actions are not per se violative of due process if an immediate post-action hearing is conducted.

Question 13

Private letter rulings are issued by high officials of the:

A) U.S. Department of Commerce
B) Internal Revenue Service
C) Occupational Safety and Health Administration
D) Federal Mediation and Conciliation Service

Question 14

The Federal Mediation and Conciliation Service acts as the mediator in labor disputes regarding:

A) any disputes involving interstate commerce
B) any disputes involving intrastate commerce
C) any disputes involving foreign commerce
D) all of the above

Question 15

If Congress has left a gap in an agency's enabling statute regarding the making of rules necessary for the formulation of agency policy:

A) the statute is rendered void due to vagueness
B) the court may fill any gaps by interpreting the statute
C) the agency is given an express delegation of authority to create any necessary provisions to fulfill the agency's function
D) the statute is sent back to Congress for further explanation and repair

Question 16

Which type of dispute resolution involves a process of having the parties to a dispute present their evidence and arguments to a neutral third party for decision?

A) Mediation
B) Conciliation
C) Arbitration
D) Mini-trial

Question 17

Which of the following may a prosecutor consider when making a decision on whether to prosecute?

A) race
B) gender
C) religion
D) expense of prosecution

Question 18

What is the administrative equivalent of a judicial declaratory judgment?

A) Declaratory order
B) Private letter ruling
C) Executive order
D) Advisory opinion

Question 19

When an agency has authority to choose between two or more alternatives,the agencyis said to have _____.

A) enablement
B) discretion
C) statutory prerogative
D) administrative privilege

Question 20

Disagreement with an agency's policy decision is not the proper basis for a lawsuit.

A) The ultra vires doctrine
B) Elian's Law
C) The Chevron Doctrine
D) Agency immunity

Question 21

If it appears that a crime has been committed,the prosecutor is required to conduct aninvestigation and may not selectively investigate or prosecute suspected criminals.

Question 22

When a court reviews an agency's application of a statute that it administers,ifCongress has not specifically addressed the question at issue,the court may use its owninterpretation of the statute's application to decide the issue.

Question 23

Agency decisions not to act are rarely successfully challenged.

Question 24

Agencies may not interpret statutes unless expressly authorized to do so by Congress.

Question 25

A declaratory order has the same effect as an order resulting from adjudications.

Question 26

The processing of claims and applications by individual agencies is required to bestrictly uniform from agency to agency to reduce the public's confusion and to promotedue process and equal protection.

Question 27

Prosecutorial discretion to plea bargain in criminal cases is constitutionally protectedand therefore valid in all 50 states.

Question 28

All agency actions,both formal and informal,are strictly governed by the agency'senabling statute.

Question 29

Mediation results in a final decision.

Question 30

Mediation is also known as conciliation.

Question 31

Formal rulemaking is known as the "lifeblood of the administrative process."

Question 32

Which of the following is known as the "lifeblood of the administrative process?"

A) Formal rulemaking
B) Adjudication
C) Informal procedures
D) Ultra vires

Question 33

Depending upon its enabling statute,an agency charged with protecting the public mayhave the right to represent the public and seek civil and/or criminal penalties againstwrongdoers.

Question 34

The Federal Mediation and Conciliation Service has no authority to compelarbitration but it is charged,by statute,to encourage arbitration.

Question 35

Private letter rulings are formal and binding rulings.

Question 36

Arbitration results in a final decision.

Question 37

An advisory opinion has the same effect as an order resulting from adjudications.

Question 38

The Department of Justice is responsible for enforcing criminal and civil statutes.

Question 39

A great majority of agency actions are informal.

Question 40

Declaratory orders are subject to judicial review.

Question 41

In Gonzales v.Reno the court chose to uphold the INS right to make a policy decision in the absence of Congressional direction.They did make known that they "are not untroubled by the degree of obedience that the INS appears to give to the wishes of parents,especially parents who are outside of this country's jurisdiction." The court also showed concern with the INS policy of not considering the communist-totalitarian state to itself justify the consideration of Elian's asylum petition.Ultimately,however,the court found the INS decision not to be unreasonable.Do you believe it is possible for an administrative agency to be able to make fair and constitutionally defendable alternative decisions based on varying fact situations on a case-by-case basis,or must a single,fairly rigid policy be utilized?

Question 42

A taxpayer that is not sure if a particular deduction is valid can request a(n)_____ opinion from the agency that offers the agency's interpretation of law or asserts the agency's policy,practices,or procedures.

Question 43

Which form of agency discretion do you think is the more powerful tool for anagency-prosecutorial discretion or policy discretion? Explain your position.

Question 44

Discuss how the Internal Revenue Service (IRS)uses advisory opinions.

Question 45

In 2013,the Internal Revenue Service (IRS)revealed that it had targeted political groups applying for tax-exempt status for closer scrutiny based on their names or political themes.Discuss how too much discretion afforded to the IRS caused this abuse of authority.

Question 46

Matching:
Matching:Match the key term in Column 1 to its description in Column 2.

Question 47

As a general rule,the courts are to defer to an agency's _____ ofits congressional mandates.

Question 48

Prosecutorial discretion includes deciding whom to _____ and prosecute.

Question 49

The APA provides that an agency may issue a(n)_____ order to resolve questions of law that have arisen but have not yet been contested.

Question 50

An agency has ______ when it has the authority to choose between two or more options.

Question 51

A prosecutor may not consider a person's ____,gender,or religious affiliation when making a decision on whether to prosecute.

Question 52

Discuss the three different forms of commonly exercised discretion by agency officials.

Question 53

Informal agency procedures that fall outside of rulemaking and adjudicationconstitute the bulk of administrative work and are considered the _____ of the administrative process.

Question 54

The Federal Mediation and Conciliation Service (FMCS)acts as ____ in labor disputesthat affect interstate commerce and encourages parties to engage in arbitration to resolve their disputes.

Question 55

A declaratory order is a(n)_____ equivalent of a judicial declaratory judgment.

Question 56

Discuss the different factors that can and cannot be used by an agency in determining who shall be prosecuted.

Question 57

After denial of a claim by agency officials,a dissatisfied claimant for government benefits may have a hearing before a(n)____.

Question 58

Under the APA,declaratory orders are subject to ____ review by the courts for abuses of discretion.