Question 1

The APA requires that people or organizations be given a minimum of 30 days noticeregarding any hearings to which they are a party.

Accepted Answer

The APA (Administrative Procedure Act) does not specify a minimum of 30 days notice for hearings. The notice period can vary depending on the specific requirements of the agency conducting the hearing.

Question 2

Because it is not an Article III proceeding,cross-examination is rarely permitted inadministrative hearings.

Accepted Answer

In administrative hearings, cross-examination is often permitted as a way to challenge the evidence or testimony presented, although the procedures and extent of cross-examination can vary depending on the specific rules governing the administrative body.

Question 3

The rule of necessity allows an agency to conduct an immediate hearing withoutadequate notice when an emergency exists.

Accepted Answer

The answer of The rule of necessity allows an agency...

Question 4

ALJs are considered Article III judges.

Accepted Answer

ALJs are not considered Article III judges. Instead, they are part of the Executive Branch and are appointed by agency heads, rather than being appointed by the President and confirmed by the Senate like Article III judges.

Question 5

Possessing a belief about a case before it has been heard does not require an ALJ toresign from the case unless the ALJ has a firmly established belief as to what the finaloutcome should be.

Accepted Answer

An Administrative Law Judge (ALJ) is expected to be impartial and not prejudge a case. However, merely possessing a belief or opinion about a case does not necessitate resignation or recusal unless the ALJ has a firmly established belief or bias regarding the final outcome, which would compromise their ability to judge the case fairly.

Question 6

The rule of necessity states that an agency may render a final binding decision orallywhen a time-sensitive issue is being decided.

Accepted Answer

The rule of necessity typically refers to a principle allowing judges or decision-makers to act in a case despite a potential conflict of interest, not to the format (oral or written) of a decision. Decisions, especially final and binding ones, are generally required to be in writing to ensure clarity, permanence, and the ability to appeal or review.

Question 7

The physician-patient privilege allows a patient to object to a doctor testifying as toprivate information regarding the patient and allows the physician to object to the patienttestifying as to private information regarding the physician.

Accepted Answer

The physician-patient privilege specifically allows a patient to prevent a physician from disclosing private medical information about the patient. It does not grant the physician the right to prevent the patient from testifying about private information regarding the physician.

Question 8

The APA encourages agencies to use alternative dispute resolution.

Accepted Answer

The APA (Administrative Procedure Act) does encourage the use of alternative dispute resolution as a means of resolving disputes between agencies and individuals or businesses. This can save time and money compared to going to court.

Question 9

In most instances,the person who carries the burden of production in a case alsocarries the burden of persuasion.

Accepted Answer

The burden of production refers to the obligation to present evidence to the court, while the burden of persuasion refers to the obligation to convince the court of the truth of a particular claim. In most cases, the party who has the burden of production will also have the burden of persuasion, as they are responsible for presenting sufficient evidence to support their claim. However, there may be situations where the burden of persuasion shifts to the opposing party once the burden of production has been met.

Question 10

Interrogatories may include questions asking for both narrative and short factual answers.

Accepted Answer

Interrogatories can include both narrative and short factual questions seeking responses from the party answering the questions.

Question 11

Licensing decisions made by agencies are considered orders.

Accepted Answer

Licensing decisions made by agencies carry legal weight and are considered orders.

Question 12

Rulemaking decisions made by agencies are considered orders.

Accepted Answer

Rulemaking decisions made by agencies are considered regulations or rules, not orders. Orders typically refer to specific decisions directed at particular individuals or entities, while rulemaking involves creating general regulations that apply broadly.

Question 13

The decision of an ALJ is final.

Accepted Answer

An ALJ's decision is final unless it is appealed to the Appeals Council or a federal court.

Question 14

It is common practice for an agency to have a case heard by one official and decidedby another.

Accepted Answer

This is known as a separation of functions and is designed to ensure impartial decision-making. It is common in many government agencies and administrative bodies.

Question 15

Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.

Accepted Answer

Recusal generally refers to the disqualification of a judge or administrative hearing officer due to bias or interest in the case. Therefore, the statement is true.

Question 16

The exclusionary rule barring the introduction of illegally obtained evidence applies inall court and administrative hearings.

Accepted Answer

The exclusionary rule primarily applies in criminal cases to prevent the use of evidence obtained in violation of a defendant's constitutional rights. It does not universally apply to all court and administrative hearings, as its application in civil cases and certain administrative proceedings can vary.

Question 17

Appeals of ALJ decisions are conducted by agency heads sua sponte.

Accepted Answer

Appeals of ALJ decisions are typically conducted by the agency's Appeals Board or a higher-level administrative body, not by agency heads on their own initiative (sua sponte).

Question 18

The level or degree to which a case must be proven is called the burden of persuasion.

Accepted Answer

The level or degree to which a case must be proven is called the "standard of proof," while the "burden of persuasion" refers to the obligation to convince the fact-finder of the truth of a proposition.

Question 19

If a statute requires a "hearing," that hearing is required to be a trial-type hearing.

Accepted Answer

Not necessarily. The type of hearing required will depend on the specific statute and the context in which the hearing is required. Some hearings may be informal or administrative in nature, while others may require a trial-type hearing with formal rules of evidence and procedures.

Question 20

Whenever notice is taken of a material fact,the agency must give the parties anopportunity to disprove the truth of the fact noticed.

Accepted Answer

This is known as the "opportunity to be heard" or "opportunity to rebut" principle, which requires agencies to provide parties with an opportunity to present evidence, arguments, or objections before making decisions based on noticed material facts. This principle is a fundamental aspect of due process and ensures fairness in administrative proceedings.

Quiz 8: Formal Adjudications