Deck 47: Administrative Law

Question 1

Ms.Bunny has been denied disability by the Social Security Administration (SSA).In her denial letter it indicates she has the right to an appeal before an agency law judge.Ms.Bunny decides to sue in district court.Her case will likely be dismissed for failing to be ripe.

Answer 1

True
Explanation: A case is only ripe if the plaintiff has exhausted all necessary administrative remedies including available appeals.

Question 2

The "fourth branch" of government is not bound by basic constitutional guarantees such as due process,equal protection,and freedom of speech,just as the three traditional branches are.

Answer 2

False
Explanation: The "fourth branch" of government is bound by basic constitutional guarantees such as due process,equal protection,and freedom of speech,just as the three traditional branches are.

Question 3

Many agency proceedings are settled by a consent order after completion of the adjudication process.

Answer 3

False
Explanation: Many agency proceedings are settled by a consent order before completion of the adjudication process.

Question 4

The Administrative Procedure Act (APA)was passed by Congress to standardize federal agency procedure.

Question 5

Agency action may be overturned if it is unsubstantiated by the facts before the agency when it acted.

Question 6

When a court reviews formal agency adjudications or formal agency rulemaking,the only agency findings that will be overturned are those that were unsupported by substantial evidence.

Question 7

Although agency "captives" and agency "shadows" are different phenomena,they contribute to the same arguable result: an increase in agency independence.

Question 8

Separation of power issues seldom arise with regard to administrative agencies because agencies owe their existence to the absolute constitutional right of the legislative branch to delegate its power as it sees fit.

Question 9

In case a particular agency enabling legislation provides for stricter procedures than the Administrative Procedure Act (APA),those procedures will be considered void.

Question 10

Congress enacted the Freedom of Information Act (FOIA)to enable private citizens to obtain access to documents in the government's possession.

Question 11

The Securities and Exchange Commission (SEC)is an example of an independent agency.

Question 12

The courts exercise the greatest control over agency behavior because all agency actions are subject to judicial review.

Question 13

Informal rulemaking consists of publishing notice of a new rule in the Federal Register and allowing interested parties an opportunity to comment on the rule.

Question 14

Administrative action is subject to basic constitutional tests.

Question 15

Administrative agencies typically possess a broad mix of governmental powers resembling those associated with the three traditional branches of government.

Question 16

Administrative agencies are created by orders from the courts.

Question 17

Although an administrative agency's interpretive rules do not have the force of law,its legislative rules do.

Question 18

Constitutional procedural safeguards such as the exclusionary rule protect respondents of the administrative adjudication process.

Question 19

Most information-gathering efforts by administrative agencies are considered so intrusive as to amount to a prohibited search and seizure.

Question 20

In recent years,courts have often struck down as unconstitutional,broad Congressional delegations of power to administrative agencies.

Question 21

Which of the following is true regarding the principle of separation of powers?

A)The Constitution seeks to ensure that governmental power remains accountable to the public will.
B)The congressional delegation of legislative power to an agency in its enabling legislation may never be challenged.
C)Congress is allowed to create an administrative agency only if Congress,rather than the President,will appoint the commissioners or board members of the agency.
D)The President can allow the Supreme Court to overturn very broad delegation of power to administrative agencies.

Question 22

What was the core purpose of agencies when they were first created?

A)To create a new government entity exclusively devoted to monitoring a particular area of activity.
B)To ensure the legislatures were not overstepping their constitutional authority.
C)To provide additional checks and balances on legislative power since the court wasn't reigning in the legislature.
D)To protect the rights of businesses in order to bolster commerce.

Question 23

The ________ is vested with law-interpreting power.

A)executive branch
B)legislative branch
C)judicial branch
D)administrative branch

Question 24

Courts tend to approve broad delegations of power by Congress to an administrative agency when Congress has:

A)effectively isolated the judicial powers of the agency.
B)changed the enabling legislation appropriately.
C)expressed an intelligible principle to guide the agency's actions.
D)received approval of the President for such delegation of power.

Question 25

What triggered the beginning of the modern regulatory era in 1887?

A)Complaints about enforcement of U.S.tax law.
B)Serious workplace safety violations
C)Complaints about discriminatory rule-making practices by railroads
D)Complaints about the failure of legislative action.

Question 26

________ reside within the Office of the President or within the executive departments of the President's cabinet.

A)Executive agencies
B)Independent agencies
C)Presidential agencies
D)Official agencies

Question 27

________ are theoretically able to anticipate social problems and to act in a comprehensive fashion to minimize social harm.

A)Courts
B)Legislatures
C)Executives
D)Administrative agencies

Question 28

Which of the following is a shortcoming of legislatures that contributed to the need for agency formation?

A)Legislatures are subject to court oversight so their decisions may be overturned.
B)Legislatures are not able to anticipate social problems and act in a comprehensive fashion to minimize social harm.
C)Vesting too much power in legislatures would be a violation of separation of powers.
D)Legislatures rarely act until a problem becomes severe enough to generate political support for a regulatory solution.

Question 29

Commissioners or board members of which of the following can be removed only for cause?

A)The Occupational Safety and Health Administration
B)The Food and Drug Administration
C)The Internal Revenue Service
D)The Interstate Commerce Commission

Question 30

Administrative agencies are what kind of bodies?

A)Commercial
B)Government
C)International
D)Corporate

Question 31

________ are passive institutions that must await a genuine controversy before they can act.

A)Courts
B)Legislatures
C)Executives
D)Administrative agencies

Question 32

How are agencies created?

A)By the courts
B)By enabling legislation
C)By the executive
D)By popular vote

Question 33

One of the founding principles of our government is separation of powers.How do administrative agencies tend to conform to,or violate this principle?

A)They raise concerns related to this principle because they perform all three functions of government.
B)They tend to conform to this principle because most commissioners or board members are appointed by the President.
C)They tend to conform to this principle because they only follow the law,and do not make any law.
D)They tend to violate this principle because they are created by Congress through passing of enabling legislations.

Question 34

The ________ is the branch given lawmaking power.

A)executive branch
B)legislative branch
C)judicial branch
D)administrative branch

Question 35

Which of the following is an executive administrative agency?

A)The National Labor Relations Board
B)The Equal Employment Opportunity Commission
C)The Internal Revenue Service
D)The Interstate Commerce Commission

Question 36

The ________ is vested with law- enforcing power.

A)executive branch
B)legislative branch
C)judicial branch
D)administrative branch

Question 37

The difference between executive agencies and independent agencies is that:

A)independent agency heads are appointed by Congress.
B)independent agency heads serve fixed terms in office.
C)executive agency heads are appointed by executives of corporations.
D)executive agency heads can be removed by Congress.

Question 38

What prevents agencies from over-reaching or acting outside of the law?

A)Constitutional checks and balances
B)Agency internal codes of conduct
C)Agency charters based by the legislature
D)The public comment period in the rule-making process

Question 39

The ________ was the first administrative agency created by Congress.

A)Interstate Commerce Commission
B)Occupational Safety and Health Administration
C)Food and Drug Administration
D)Internal Revenue Service

Question 40

The Department of Homeland Security:

A)is an executive administrative agency.
B)is a non-profit organization.
C)is a cabinet-level department.
D)has no effect on governmental organization.

Question 41

The powers an agency possess that are granted by its enabling legislation are called:

A)Formal
B)Ministerial
C)Discretionary
D)Adjudicatory

Question 42

Which of the following is true about an agency's informal powers?

A)An agency's informal powers enjoy the full force and effect of law.
B)An agency's informal powers have the same legal force of formal agency regulations.
C)An agency's informal powers and its formal actions are subject to similar constraints.
D)An agency's informal powers play a major role in shaping the behavior of regulated industries.

Question 43

Assume that the Federal Trade Commission (FTC)is conducting a hearing.In order to obtain certain documents relevant to its investigation,the FTC need not:

A)ensure that the investigation is being conducted for a legitimate purpose.
B)confirm that the information it seeks is relevant to its purpose.
C)possess "probable cause" in support of regular search warrants.
D)ensure that the subpoena it issues adequately describes the information it seeks.

Question 44

________ rules specify how the agency will conduct itself.

A)Procedural
B)Interpretive
C)Legislative
D)Associative

Question 45

The process by which agency ________ rules are promulgated is highly regulated by the APA and closely scrutinized by the courts.

A)procedural
B)interpretive
C)administrative
D)legislative

Question 46

A rule made by an agency through the informal rulemaking method can become effective only:

A)45 days after the publication of the rule in its final form in the Federal Register.
B)45 days after the publication of a "Notice of Proposed Rulemaking" in the Federal Register.
C)30 days after the publication of the rule in its final form in the Federal Register.
D)30 days after the publication of a "Notice of Proposed Rulemaking" in the Federal Register.

Question 47

An administrative agency is most likely to use a subpoena to compel information from:

A)public interest groups.
B)businesses subject to regulation.
C)customers or competitors.
D)other regulatory agencies.

Question 48

How is an agency's organization determined?

A)In a rigid hierarchy,as required by the constitution.
B)In a rigid hierarchy defined by legislatures.
C)It depends upon whether the agency was created by executive order.
D)It is a function of the agency's regulatory mission

Question 49

Which of the following is an accurate statement about powers delegated to and possessed by administrative agencies?

A)The most important administrative agencies typically possess rule-making powers but lack adjudicatory powers.
B)An agency's rulemaking power would be classified as discretionary power rather than ministerial.
C)Modern courts tend not to uphold the validity of broad delegations of power by Congress to administrative agencies.
D)Most administrative agencies are given restricted powers to comply with the constitutional principle of separation of powers.

Question 50

An agency's rule regarding when and how to commence rule-making is an example of what type of rule?

A)Procedural
B)Interpretive
C)Legislative
D)Associative

Question 51

An agency's interpretive rules:

A)have the full force and effect of law.
B)specify how the agency will conduct its hearings.
C)are not binding on businesses and the courts.
D)are seldom heeded by business because of their advisory nature.

Question 52

What type of subpoena is used to compel witnesses to appear and testify at an agency hearing?

A)Ad testificandum subpoenas
B)Duce tecum subpoenas
C)Administrative subpoenas
D)Executive subpoenas

Question 53

Agencies that invoke a power to search and seize evidence as part of an effort to prove a regulatory violation are subject to what constitutional prohibitions?

A)First Amendment Freedom of Press
B)Fourth Amendment Protection against Unreasonable Searches
C)Tenth Amendment State Powers
D)Second Amendment Right to Bear Arms

Question 54

Which of the following agencies is an executive agency?

A)The Environmental Protection Agency
B)The Consumer Product Safety Commission
C)The National Labor Relations Board
D)The Internal Revenue Service

Question 55

The Internal Revenue Service (IRS)has recently issued a subpoena duces tecum to Values Corp.The IRS wants access to the last five year's tax returns and related documents of Values to ensure that Values has met all its tax liabilities.Values claims that all its tax papers are in order and IRS's motive is to harass political opponents of the incumbent administration (Values was one of the top 100 donors during the last election year).The strongest argument that Values may make concerning the subpoena is that the subpoena:

A)is invalid because the IRS investigation is not being conducted for a legitimate purpose.
B)need not be obeyed because it violates Values' Fifth Amendment privilege against compulsory testimonial self-incrimination.
C)need not be obeyed to its fullest extent because it is not sufficiently specific and is unreasonably burdensome.
D)is invalid unless the IRS satisfies the "probable cause" standard required by the Fourth Amendment for the issuance of a search warrant.

Question 56

Acme Corp.asserted in a magazine advertisement that its electric-powered bunion sander will remove bunions from users' feet twice as fast as any other bunion sander on the market today.As part of an investigation into whether this advertising claim was deceptive,the Federal Trade Commission (FTC)issued a subpoena demanding that Acme produce all of its records regarding tests it has performed to substantiate the performance claim for the bunion sander.The subpoena also demanded production of all records of tests to substantiate any performance claims made by Acme during the past four years regarding each of the 32 other products manufactured by Acme.Four of these other products were electric-powered products in the personal care category.The remaining products were either lawn care products or nonelectric tools.The strongest argument that Acme may make concerning the subpoena is that the subpoena:

A)is invalid because the FTC investigation is not being conducted for a legitimate purpose.
B)need not be obeyed because it violates Acme's Fifth Amendment privilege against compulsory testimonial self-incrimination.
C)need not be obeyed to its fullest extent because the portion dealing with records on most of Acme's other products is not sufficiently specific and is unreasonably burdensome.
D)is invalid unless the FTC satisfies the "probable cause" standard required by the Fourth Amendment for the issuance of a search warrant.

Question 57

What type of subpoena is used to compel witnesses produce documentary evidence such as accounting records?

A)Ad testificandum subpoenas
B)Duce tecum subpoenas
C)Administrative subpoenas
D)Executive subpoenas

Question 58

All agency rules are compiled and published in the:

A)Code of State Regulations.
B)Code of Corporation Regulations.
C)Code of Specific Regulations.
D)Code of Federal Regulations.

Question 59

What are discretionary powers?

A)Discretionary powers are powers an agency must be expressly authorized to exercise.
B)Discretionary powers refers to the power of the court to overturn agency decisions.
C)Discretionary powers necessitate the exercise of significant judgement when applied.
D)Discretionary powers are powers exercised by independent agencies but not executive agencies.

Question 60

Which of the following powers of administrative agencies is largely ministerial in nature?

A)Performing routine duties that are imposed by law.
B)Conducting proceedings to determine regulatory violations.
C)Creating rules that specify how the agency will conduct itself.
D)Gathering information about business practices and activities.

Question 61

The Equal Employment Opportunity Commission (EEOC)was formed to regulate on a variety of issues pertaining to discrimination in employment-related contexts.If the EEOC were to promulgate a regulation specifying safety standards for chainsaws in workplaces,this action could best be attacked as being:

A)obiter dictum.
B)inter alia.
C)nonobstante veredicto.
D)ultra vires.

Question 62

Which of the following is the most rigorous standard of judicial review of agency factual judgments as provided by the APA?

A)Beyond reasonable doubt review
B)Substantial evidence test
C)De novo review
D)Arbitrary and capricious test

Question 63

An agency rule created through a(n)________ rulemaking method reduces the chances of voluntary compliance.

A)informal
B)executive
C)democratic
D)hybrid

Question 64

Respondents who sign consent orders:

A)agree to discontinue the business practice that triggered the agency action.
B)admit to their wrongdoing.
C)retain all rights to judicial review.
D)need not accept sanctions imposed by the agency.

Question 65

Rule passed by an agency to advise regulated individuals of the manner in which the agency interprets statutes it enforces are called

A)Procedural
B)Interpretive
C)Legislative
D)Associative

Question 66

An agency's legislative rules are considered as binding in nature and carry the full force and effect of law,provided:

A)they are in consonance with the Administrative Procedure Act only.
B)they are in consonance with the Constitution but not necessarily in consonance with the enabling legislation.
C)they are in consonance with the enabling legislation,but not necessarily with the Constitution.
D)they are in consonance with the enabling legislation,the APA as well as the Constitution.

Question 67

________ legislation ensures periodic congressional review of the initial decision to delegate legislative authority to an administrative agency.

A)Conditional
B)Sunset
C)Class
D)Subordinate

Question 68

In order for a party to successfully bring a lawsuit in federal court challenging a federal administrative agency decision,that party must first:

A)sue in state court,and only then in federal court.
B)exhaust all necessary administrative remedies.
C)obtain a writ of certiorari.
D)submit the challenge to the Inspector General's office for review.

Question 69

Who,among the following,is NOT present during administrative adjudications?

A)Respondent
B)Jury
C)Complainant
D)Judge

Question 70

The judicial standard of review often used in cases involving informal agency adjudications or rulemaking is the:

A)substantial evidence test.
B)beyond reasonable doubt review.
C)de novo review.
D)arbitrary and capricious test.

Question 71

When an agency is asked to release documents that are exempted from disclosure under the Freedom of Information Act,the agency:

A)has a statutory obligation to refuse disclosure of the exempted documents.
B)may refuse disclosure but does not have an affirmative duty to do so.
C)can be compelled by individuals named in exempted documents to deny a request of disclosure of those documents.
D)is liable for punitive damages if it discloses the exempted documents.

Question 72

How does the administrative adjudication process normally begin?

A)The court orders administrative review of an agency decision.
B)The legislature orders a review of agency decisions.
C)A complaint is filed by an administrative agency.
D)A request for adjudication is made by industry members in the field.

Question 73

The ________ exercise(s)the greatest control over agency behavior.

A)President
B)states
C)Congress
D)courts

Question 74

The term ripeness in reference to a lawsuit arising out of administrative decisions means:

A)The plaintiff has been victorious in their actions against the agency
B)The plaintiff has exhausted all necessary administrative remedies before engaging in judicial remedies
C)The plaintiff is pro-se,meaning they have no attorney and represent themselves
D)The action is against an international agency

Question 75

________ rulemaking procedures provide limited rights to interested parties to cross-examine agency witnesses.

A)Formal
B)Executive
C)Informal
D)Hybrid

Question 76

Cases in administrative proceedings are heard by a(n):

A)adjudicating chairperson.
B)administrative law judge.
C)executive judge.
D)judicial commissioner.

Question 77

An individual or organization seeking judicial review of an agency action must first demonstrate that:

A)the agency action being challenged is reviewable.
B)the required consent orders have been signed.
C)other administrative remedies have not been used.
D)the individual or organization has no standing to sue.

Question 78

Which agency rule-making process is the most highly regulated and closely scrutinized by the courts?

A)Procedural
B)Interpretive
C)Legislative
D)Associative

Question 79

When courts review formal agency adjudications or formal rulemaking,the APA calls for the application of a(n):

A)substantial evidence test.
B)beyond reasonable doubt review.
C)de novo review.
D)arbitrary and capricious test.

Question 80

________ agencies are required to prepare cost-benefit and least-cost analyses for all major proposed rules and to submit this information to the Office of Management and Budget (OMB)for review prior to seeking public comments.

A)Independent
B)State
C)Public interest
D)Executive