Exam 5: A: Administrative Law

Administrative agencies establish rules,and then act as both prosecutor and judge in determining whether the rules have been violated.

The official title of Obamacare is "The Affordable Care Act."

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

Only records specifically exempted from disclosure by statute are exempt from FOIA.

An administrative agency is created when Congress enacts an enabling statute that delegates to the agency the power to issue rules,regulations,and guidelines to carry out its statutory mandate.

All administrative agency decisions must include a statement of the appropriate rule,order,sanction,or relief.

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative Procedure Act (APA).

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:

When reviewing factual determinations of an administrative agency,the courts must always use the "arbitrary and capricious" test.

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

What is required by the substantial evidence test?

Administrative agencies could include commissions,boards,bureaus,or departments but not government corporations or offices.

Which of the following is an administrative agency?

Notice of a proposed rule may be given by publication in the Federal Register.

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Only documentary evidence may be admitted at an administrative hearing.

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same legislation.

Administrative agencies perform what basic function?

The Patient Protection and Affordable Care Act is an example of: