Deck 6: Agency Rulemaking

Question 1

If a statute is unclear or requires only a hearing,courts are likely to hold that:

A) formal rulemaking be used
B) informal rulemaking be used
C) negotiated rulemaking be used
D) hybrid rulemaking be used

Answer 1

B

Question 2

Rulemaking that involves adding additional requirements to established or customaryrulemaking procedures is called:

A) formal rulemaking
B) informal rulemaking
C) exempted rulemaking
D) hybrid rulemaking

Answer 2

D

Question 3

Rulemaking:

A) concerns past conduct
B) concerns future conduct
C) can concern either past or future conduct
D) concerns only a single present specific conduct at a fixed point in time and neither looks to the past or future

Answer 3

B

Question 4

Agencies employing informal rulemaking rely primarily on:

A) oral testimony by interested parties
B) written testimony by interested parties
C) research conducted by the agency itself with no other input
D) research conducted by the Congress with no other input

Question 5

In his book Rulemaking: How Government Agencies Write Law and Make Policies,Cornelius Kerwin commented that President ________ was the first of many Presidentsto take managing agencies seriously.

A) Nixon
B) Carter
C) Clinton
D) Obama

Question 6

Notice of proposed rulemaking must be published in the Federal Register regarding:

A) formal rulemaking proceedings
B) informal rulemaking proceedings
C) both formal and informal rulemaking proceedings
D) Neither of the above. Publication is by publication in the Congressional Record.

Question 7

Revenue-raising rulemaking power delegated to an agency requires:

A) that an intelligible principle be stated by Congress
B) adherence to due process requirements
C) that an intelligible principle be stated by Congress and adherence to due process requirements
D) None of the above. Revenue-raising rulemaking is an inherent function of administrative agencies and is governed solely by internal agency procedure.

Question 8

In Vermont Yankee Nuclear Power Corp.v.Natural Resources Defense Council,thecourt determined that:

A) courts may require agencies to expand APA notice-comment procedures to permit oral
B) courts may require agencies to expand APA notice-comment procedures to require trial-type hearings
C) courts may require agencies to expand APA notice-comment procedures to permit oral
D) courts may not impose variations on the APA notice-comment requirements

Question 9

Which of the following is not an APA-recognized procedural form of rulemaking?

A) Formal rulemaking
B) Informal rulemaking
C) Exempted rulemaking
D) Hybrid rulemaking

Question 10

The final and authoritative compilation of federal administrative regulations is called:

A) the Federal Register
B) the Code of Federal Regulations
C) the United States Code
D) the National Register

Question 11

Agency rules that apply to a suspect class or that impinge on a fundamental right mustbe validated under the:

A) rational relationship test
B) substantial relationship test
C) coherent analysis test
D) strict scrutiny test

Question 12

In which of the following are the rules of evidence relaxed?

A) Formal rulemaking hearings
B) Hybrid rulemaking hearings
C) Negotiated rulemaking proceedings
D) All of the above
E) None of the above. Rules of evidence may not be relaxed without violating due process requirements.

Question 13

An agency does not have the inherent authority to promulgate:

A) procedural rules
B) substantive rules
C) interpretive rules
D) None of the above. Agencies may never promulgate rules unless expressly authorized in the enabling statute.

Question 14

Hybrid rulemaking requirements may be imposed by:

A) the Congress only
B) the President only
C) either the Congress and/or the President
D) None of the above. Only the judiciary exercising judicial review may mandate hybrid rulemaking requirements.

Question 15

Agency rules related to gender-based classifications are subject to validation underthe:

A) rational relationship test
B) substantial relationship test
C) coherent analysis test
D) strict scrutiny test

Question 16

All procedural rulemaking rules may be exempted in each of the following situationsexcept:

A) government personnel issues
B) foreign affairs issues
C) military issues
D) agency management issues

Question 17

Which of the following must stem from an enabling statute?

A) Substantive rules promulgated by an agency
B) Procedural rules promulgated by an agency
C) Substantive and procedural rules promulgated by an agency
D) None of the above

Question 18

The APA does not require that the following factor be considered when determiningthe appropriateness of negotiated rulemaking in a given situation:

A) the need for a rule
B) whether it's likely that a committee will reach a decision
C) the experience and qualifications of committee members
D) the likelihood that the agency will use the negotiated rule

Question 19

Ex parte communications are expressly prohibited with regard to ________ hearings.

A) formal rulemaking
B) informal rulemaking
C) exempted rulemaking
D) negotiated rulemaking

Question 20

Published agency rulings become final and binding if not appealed within:

A) 10 days of publication
B) 15 days of publication
C) 30 days of publication
D) 45 days of publication

Question 21

Negotiated rulemaking has been criticized as too costly and too time consuming.

Question 22

Interpretive rules have the force of a statute.

Question 23

Formal rulemaking procedures require a public hearing conducted before a jury.

Question 24

Generally,adjudications are directed at large groups.

Question 25

Negotiated rulemaking is not subject to public hearing requirements.

Question 26

Taxation by Congress creates no due process concerns.

Question 27

Negotiated rulemaking is a presidentially created hybrid.

Question 28

Interpretive rules may not be used to fill in the gaps of legislation.

Question 29

Quasi-legislative authority is adjudicative in nature.

Question 30

Formal rulemaking is required only when a statute clearly commands that a rule bemade on the record after an opportunity for an agency hearing.

Question 31

Regulations are subordinate to statutes but have equal weight when applied.

Question 32

Ratemaking in an industry with one entity requires adherence to due processrequirements.

Question 33

Adjudication investigates,declares,and enforces liabilities under laws supposedalready to exist.

Question 34

Generally,rules and rulemaking involve individual claims.

Question 35

If the court disagrees with a substantive agency rule,the court may substitute its ownjudgment to remedy the situation.

Question 36

The FDA does not have the authority to regulate tobacco and tobacco products.

Question 37

Generally,agencies are free to make rules without conducting hearings.

Question 38

Agency adjudication requires adherence to due process requirements.

Question 39

Courts are not bound by agency interpretation of statutes.

Question 40

In the United States today,legislative bodies are the source of most law.

Question 41

Matching:
Matching:Match the case name in Column 1 to the holding of the court in Column 2.

Question 42

_____ rulemaking is a congressionally created hybrid rulemaking where,on an announced date,the interested parties,the agency,and a mediator meet to discuss and develop a proposed rule.

Question 43

Justice Holmes defined _____ as a process that investigates,declares,and enforces liabilities as they stand on present or past facts and under laws supposedalready to exist.

Question 44

Explain the differences between formal and informal rulemaking.

Question 45

The Federal Register Act was amended in 1937 to include the _____,a compilation of federal administrative regulations.

Question 46

Agencies may be delegated the responsibility of establishing rates for an industry through _____.

Question 47

"Notice and comment" rulemaking is known as _____ rulemaking.

Question 48

Explain the difference between rulemaking and adjudication.

Question 49

When is formal rulemaking required? Explain whether formal or informal rulemaking is used more frequently.

Question 50

The process whereby agencies establish law to implement or perform a statutory duty is known as _____.

Question 51

With rulemaking,the agency must publish a notice of proposed rulemaking,normally in the Federal ____.

Question 52

Matching:
Match the agency action in Column 1 to the description in Column 2.

Question 53

When an agency acts in its quasi-judicial capacity,its behavior is referred to as _____.

Question 54

When acting in its quasi-legislative capacity,its behavior is referred to as _____.

Question 55

_____ rulemaking is required only when a statute clearly commands that a rule be made on the record after an opportunity for an agency hearing.