Exam 6: Administrative Law.

Courts will generally defer to an agency's construction of a statute within its area of expertise.

Agencies lack the authority to conduct formal adjudications.

Reasons for creating administrative agencies include:

Which of the following is NOT true regarding the Dodd-Frank Wall Street Reform and Consumer Protection Act?

A rule made by a federal agency is not final until approved by Congress.

Which of the following is NOT exempt from a Freedom of Information Act request?

Which of the following is exempt from the Administrative Procedure Act's requirement that the public be given notice and an opportunity to comment before a federal agency can promulgate a rule?

Determining whether a regulated company or person is complying with laws and regulations cannot be a function of administrative agencies because of Congressional prohibitions.

Critics of administrative agencies claim that they violate the doctrine of separation of powers.Explain the basis for this criticism.Explain why agencies are so prevalent despite the absence of any explicit provision for their existence in the Constitution.Discuss fully.

Administrative agencies are a relatively new development in the history of the U.S.

Which of the following would a comment letter to an agency generally NOT contain?

Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one. He, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Mona, another resident, was also concerned about the law. She rents a home with a fence in the backyard that was in public view. She was concerned that the regulation would be applied to her dogs while in the fenced area. She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her. Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule. -Refer to Fact Pattern 6-2.Which of the following is the best defense the city has against the lawsuit brought by Tony?

Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one. He, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Mona, another resident, was also concerned about the law. She rents a home with a fence in the backyard that was in public view. She was concerned that the regulation would be applied to her dogs while in the fenced area. She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her. Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule. -Refer to Fact Pattern 6-2.Of the following arguments,which is the best for the city to raise in the lawsuit brought by Mona?

Administrative agencies have been referred to as the fourth branch of the U.S.Government.

Administrative agencies are usually part of the legislative branch.

Fact Pattern 6-1 Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math. After a hearing, the agency determined that Bruce had no aptitude for math and that he would not receive any funding. Bruce, however, was not discouraged. He told his friend Laura, who just graduated from law school, that he would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding his math aptitude that the agency did not have. He feels certain that he will win at the federal court level. -Refer to Fact Pattern 6-1.What should Laura tell Bruce regarding his plan to provide additional evidence to the federal court judge?

The main issue in CASE 6.3 National Association of Manufacturers v.National LaborRelationsBoard (2013)was whether the NLRB:

The U.S.Constitution does not specifically provide for administrative agencies.

Statutes and agency rules often provide that courts performing judicial review of agency action may NOT rule on which of the following issues?

__________ by administrative agencies provide a practical decision-making process for repetitive,frequent actions that are inappropriate to litigate in courts.