Exam 5: Administrative Law

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court.

Agencies may deny access to which of the following types of records?

Congress enacted the Administrative Procedure Act in 1946.

Informal rulemaking procedure does not require prior notice of a proposed rule.

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

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

Administrative law is the branch of private law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.

Congress appoints and removes the chief administrators of federal administrative agencies.

The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them.To avoid any public comment, the agency seeks to adopt the rules without publishing them.Which of the following statements is true regarding the agency's actions?

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:

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

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

Only documentary evidence may be admitted at an administrative hearing.

What is required by the substantial evidence test?

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

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

Only the federal government creates administrative law.

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

Administrative agencies must, within one year of their creation, make records available by electronic means.

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?