Question 1

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Accepted Answer

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Question 2

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities.These statutes include:

Accepted Answer

The Freedom of Information Act (FOIA) and the Government in the Sunshine Act are both disclosure statutes that aim to increase transparency and accountability in government agencies. The FOIA allows the public to request access to federal agency records, while the Government in the Sunshine Act requires that certain agency meetings be open to the public. Together, these statutes promote open government and help ensure that agencies are held accountable for their actions.

Question 3

The APA's requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the rule's basis and purpose are the requirements for issuance of rules in accordance with:

Accepted Answer

The APA's requirements for prior notice, opportunity for participation, and publication of a final statement are part of the process for informal rulemaking, which is the most common method for issuing rules. Formal rulemaking involves a trial-like hearing process and negotiating rulemaking involves the use of a neutral facilitator to bring together interested parties to negotiate a rule. Hybrid rulemaking is not a recognized category of rulemaking under the APA.

Question 4

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

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Question 5

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

Accepted Answer

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Question 6

(a) What is the purpose of the Freedom of Information Act?
(b) To what categories of records does the FOIA allow denial of access?

Accepted Answer

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Question 7

In investigating conduct to determine whether the enabling statute has been violated, an agency is subject to all but which of the following limitations?

Accepted Answer

The limitation of privileged information does not apply to agencies investigating conduct to determine whether the enabling statute has been violated. However, the other three limitations listed do apply. The investigation must be authorized by law and undertaken for a legitimate purpose, the information sought must be relevant, and the demand for information must be sufficiently specific.

Question 8

What is required by the substantial evidence test?

Accepted Answer

The substantial evidence test requires that the conclusions reached by an agency must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. This means that the agency's decision must be supported by more than just a scintilla of evidence, but it does not require proof beyond a reasonable doubt. The other choices are not accurate.

Question 9

Which of the following phrases would meet the requirement that, to be constitutionally permissible, the enabling statute granting power to an agency must establish reasonable standards to guide the agency in implementing the statute?

Accepted Answer

The phrases in choices (a), (b), and (c) are too broad.

Question 10

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Accepted Answer

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Question 11

The __________ is the federal public records statute requiring most records in agency files to be open to the public.

Accepted Answer

FOIA (Freedom of Information Act) is the federal public records statute that requires most records in agency files to be open to the public. The APA (Administrative Procedure Act) governs the process by which federal agencies develop and issue regulations, while ALJ (Administrative Law Judge) is an official within an agency who conducts hearings and makes initial decisions in administrative proceedings. The Government in the Sunshine Act deals with open meetings of federal agencies.

Question 12

How are ALJs selected?

Accepted Answer

ALJs are typically appointed by the agency through a professional merit selection system. This means that candidates must undergo a rigorous application process, including a written examination and an interview, and must meet certain qualifications, such as having a law degree and several years of experience in administrative law. This process is designed to ensure that ALJs are qualified and impartial in their decision-making, and not subject to political influence.

Question 13

The court in the American Airlines, Incorporated v.Department of Transportation case held:

Accepted Answer

The court in this case held that courts have inferred a requirement of notice in informal adjudications. This means that even in informal adjudication proceedings, notice must be given to affected parties.

Question 14

The Government in the Sunshine Act covers all but which of the following agencies?

Accepted Answer

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Question 15

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Accepted Answer

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Question 16

After an FOIA request has been made, an agency has __________ working days within which to indicate whether it intends to comply.

Accepted Answer

Under the Freedom of Information Act (FOIA), an agency has 20 working days to indicate whether it intends to comply with a request. This timeframe can be extended under certain circumstances, but the initial response period is 20 days.

Quiz 5: Administrative Law