Question 1

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Accepted Answer

This is known as the exhaustion of remedies doctrine, which requires a party to pursue all available administrative remedies and procedures before seeking judicial review.

Question 2

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Accepted Answer

The requirement for advance notice of scheduled federal administrative agency meetings and agendas is outlined in the Administrative Procedure Act (APA) of 1946, ensuring transparency and accountability in the administrative process.

Question 3

Interpretive rules simply declare policy and do not affect legal rights or obligations.

Accepted Answer

Interpretive rules are issued by agencies to clarify existing statutes or regulations and do not have the force of law. They do not create new legal rights or obligations but rather explain how the agency will interpret and apply existing rules.

Question 4

Administrative agencies can conduct warrantless searches in some situations.

Accepted Answer

Administrative agencies can conduct warrantless searches in certain situations, such as when there is a matter of public safety or if consent is given by the owner of the property being searched. However, these searches are subject to constitutional limitations and must be reasonable.

Question 5

Often,an administrative agency enforces it own rules.

Accepted Answer

Administrative agencies have the power to enforce the rules and regulations they create. This is because they are granted authority by the legislative branch of government to carry out their designated tasks and responsibilities.

Question 6

All federal government agencies must make their records available electronically on the Internet.

Accepted Answer

This is in accordance with the Electronic Freedom of Information Act Amendments of 1996, which mandates that all federal government agencies make their records available electronically.

Question 7

Administrative law is created by administrative agencies,not by legislatures.

Accepted Answer

Administrative law consists of rules, regulations, orders, and decisions created by administrative agencies. These agencies are created by legislatures but are granted the power to make rules and regulations to carry out the legislative intent of the laws they govern.

Question 8

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Accepted Answer

The terms "arbitrary and capricious" are legal standards used to evaluate administrative decisions, but they are inherently subjective and context-dependent, lacking a precise, universally applicable definition.

Question 9

Independent regulatory agencies include the cabinet departments of the executive branch.

Accepted Answer

Independent regulatory agencies are separate from cabinet departments and are not under direct control of the executive branch. Examples of independent regulatory agencies include the Federal Communications Commission and the Environmental Protection Agency.

Question 10

If the meaning of a statute's language is unclear and an agency interprets it,a court must follow the interpretation as long as it is reasonable.

Accepted Answer

This is a principle of judicial deference to agencies known as Chevron deference. Courts will give deference to an agency's reasonable interpretation of an ambiguous statute, as long as it falls within the agency's area of expertise and is not arbitrary or capricious.

Question 11

Only experts can submit comments on a proposed administrative rule.

Accepted Answer

Anyone can submit comments on a proposed administrative rule. However, some agencies may give greater weight to comments from experts in the relevant field.

Question 12

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

Accepted Answer

State regulation can regulate activities that are not covered by federal regulation, as long as there is no preemption. This means that the federal government has not explicitly stated that they have exclusive authority to regulate the activity.

Question 13

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Accepted Answer

Final administrative rules do have binding legal effect, and courts will generally defer to them unless they are found to be arbitrary, capricious, or inconsistent with the law.

Question 14

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Accepted Answer

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Question 15

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Accepted Answer

The U.S. Constitution allows Congress to delegate authority to federal agencies to make and implement regulations, as long as Congress provides an intelligible principle to guide the agencies' actions. This is a well-established practice under the non-delegation doctrine.

Question 16

Unlike those who violate statutes,violators of agency rules are not punished.

Accepted Answer

Violators of agency rules can also be punished, as agencies have the authority to enforce their rules and impose penalties for non-compliance.

Question 17

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

Accepted Answer

This is a requirement under the Regulatory Flexibility Act, which requires federal agencies to consider the potential impact of regulations on small businesses and to explore regulatory alternatives that minimize the economic burden while still achieving regulatory objectives.

Question 18

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

Accepted Answer

Administrative agencies have the flexibility to choose the type of hearing procedures that best suit their needs and goals, often based on the type of decision being made and the interests of the parties involved. This discretion allows agencies to tailor the process to their specific context and balance competing interests, but it also means that there can be variation in the types of procedures used across different agencies and cases.

Question 19

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

Accepted Answer

Administrative adjudicatory hearings must meet the constitutional standards of due process, which include notice and an opportunity to be heard, an impartial decision maker, and the right to present evidence and cross-examine witnesses. Failure to meet these standards can result in a violation of an individual's due process rights.

Question 20

If a business firm refuses to comply with an agency's request to inspect facilities or business records,the agency must defer to the refusal.

Accepted Answer

The agency can take legal action to enforce their request and obtain a warrant to carry out the inspection or request for records.

Quiz 44: A: Administrative Law

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Interpretive rules simply declare policy and do not affect legal rights or obligations.

Administrative agencies can conduct warrantless searches in some situations.

Often,an administrative agency enforces it own rules.

All federal government agencies must make their records available electronically on the Internet.

Administrative law is created by administrative agencies,not by legislatures.

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Independent regulatory agencies include the cabinet departments of the executive branch.

If the meaning of a statute's language is unclear and an agency interprets it,a court must follow the interpretation as long as it is reasonable.

Only experts can submit comments on a proposed administrative rule.

State regulation,when not preempted,may regulate independently the activities that federal regulation does not cover.

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Unlike those who violate statutes,violators of agency rules are not punished.

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

If a business firm refuses to comply with an agency's request to inspect facilities or business records,the agency must defer to the refusal.