Exam 5: Administrative Law

The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy- making process prior to the publication of notice of a proposed agency rule is the:

Agencies must submit newly adopted rules to Congress, and a major rule does not become final until Congress has the opportunity to disapprove it.

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

If a decision of an ALJ is appealed, the governing body of the agency may decide the case de novo.

All agency decisions must include a statement of findings of fact and conclusions of law.

Administrative agencies perform what basic function?

Administrative hearings are held before a jury, just as are court hearings.

Which of the following statements is true regarding administrative law judges?

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

In carrying out their enforcement function, agencies traditionally have been accorded little discretion to compel the disclosure of information.

Hybrid rulemaking is more formal than procedures the agency uses in informal rulemaking.

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company wants to appeal the decision.Which of the following is correct regarding the appeal of the case?

What standard does a court use in reviewing the factual determinations of an administrative agency?

Federal administrative agencies are charged with all but which of the following?

A statute may preclude judicial review of an agency action.

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

Which of the following is an administrative agency?

The Privacy Act:

After investigating a violation, an administrative agency must always use formal procedures to resolve the matter.

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.