Question 1

An administrative agency must always use formal procedures to resolve matters.

Accepted Answer

A) True 
 B)False

Question 2

The Government in the Sunshine Act covers all but which of the following agencies?

Accepted Answer

A)  Consumer Product Safety Commission. 
B)  Commodity Futures Trading Commission. 
C)  Environmental Protection Agency. 
D)  Securities and Exchange Commission. 
A)  Consumer Product Safety Commission. 
B)  Commodity Futures Trading Commission. 
C)  Environmental Protection Agency. 
D)  Securities and Exchange Commission.

Question 3

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

In reviewing an agency action, which of the following is NOT included in the questions of law a court will consider?

Accepted Answer

A)  Whether any constitutional provisions were violated by the agency action. 
B)  Whether the agency acted contrary to the procedural requirements of the law. 
C)  Whether the state courts have nullified the agency's power. 
D)  Whether the agency exceeded its authority. 
A)  Whether any constitutional provisions were violated by the agency action. 
B)  Whether the agency acted contrary to the procedural requirements of the law. 
C)  Whether the state courts have nullified the agency's power. 
D)  Whether the agency exceeded its authority.

Question 6

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules. This is:

Accepted Answer

A)  a formal rulemaking process. 
B)  an informal rulemaking process. 
C)  a hybrid rulemaking process. 
D)  an unconstitutional rulemaking process. 
A)  a formal rulemaking process. 
B)  an informal rulemaking process. 
C)  a hybrid rulemaking process. 
D)  an unconstitutional rulemaking process.

Question 7

Administrative agencies sometimes function as judicial bodies.

Accepted Answer

A) True 
 B)False

Question 8

The scope of administrative law has expanded greatly in the last fifty years.

Accepted Answer

A) True 
 B)False

Question 9

What term refers to the entire set of activities in which an administrative agency engages?

Accepted Answer

A)  Rulemaking. 
B)  The administrative process. 
C)  Promulgating. 
D)  Enforcement. 
A)  Rulemaking. 
B)  The administrative process. 
C)  Promulgating. 
D)  Enforcement.

Question 10

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

Accepted Answer

Administrative rules can be legislative,

Question 11

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

Accepted Answer

A)  The unwarranted by the facts standard. 
B)  The substantial evidence standard. 
C)  The arbitrary and capricious standard. 
D)  The beyond a reasonable doubt standard. 
A)  The unwarranted by the facts standard. 
B)  The substantial evidence standard. 
C)  The arbitrary and capricious standard. 
D)  The beyond a reasonable doubt standard.

Question 12

The Congressional Review Act (CRA) requires agencies to submit newly adopted rules to each house of Congress before they can take effect.

Accepted Answer

A) True 
 B)False

Question 13

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A)  SEC. 
B)  APA. 
C)  FCC. 
D)  NHTSA. 
A)  SEC. 
B)  APA. 
C)  FCC. 
D)  NHTSA.

Question 14

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?

Accepted Answer

An agency may use informal or formal met

Question 15

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

A statute may preclude judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A)  Administrative Procedures Act. 
B)  U.S. Constitution. 
C)  agency's enabling statute. 
D)  Rules must be adopted in compliance with all of the above. 
A)  Administrative Procedures Act. 
B)  U.S. Constitution. 
C)  agency's enabling statute. 
D)  Rules must be adopted in compliance with all of the above.

Question 19

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

Accepted Answer

A)  Whether the agency properly interpreted the applicable law. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency acted contrary to procedural requirements of the law. 
D)  Whether the state law was clear in setting up the agency powers. 
A)  Whether the agency properly interpreted the applicable law. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency acted contrary to procedural requirements of the law. 
D)  Whether the state law was clear in setting up the agency powers.

Question 20

A minor agency rule:

Accepted Answer

A)  if disapproved by Congress, must be resubmitted to both houses of Congress. 
B)  if disapproved by Congress, must be revised according to Congressional guidelines. 
C)  if disapproved by Congress, has no chance of approval by the President. 
D)  takes effect but, if after being submitted to Congress it is disapproved, it is treated as though it had never taken effect. 
A)  if disapproved by Congress, must be resubmitted to both houses of Congress. 
B)  if disapproved by Congress, must be revised according to Congressional guidelines. 
C)  if disapproved by Congress, has no chance of approval by the President. 
D)  takes effect but, if after being submitted to Congress it is disapproved, it is treated as though it had never taken effect.

Exam 5: Administrative Law

An administrative agency must always use formal procedures to resolve matters.

The Government in the Sunshine Act covers all but which of the following agencies?

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

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

In reviewing an agency action, which of the following is NOT included in the questions of law a court will consider?

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules. This is:

Administrative agencies sometimes function as judicial bodies.

The scope of administrative law has expanded greatly in the last fifty years.

What term refers to the entire set of activities in which an administrative agency engages?

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

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

The Congressional Review Act (CRA) requires agencies to submit newly adopted rules to each house of Congress before they can take effect.

Rulemaking powers of federal agencies are primarily governed by the:

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?

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

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

A statute may preclude judicial review of an agency action.

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

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

A minor agency rule:

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