Exam 5: Administrative Law

Administrative agencies sometimes function as judicial bodies.

Administrative hearings are held before a jury.

In 2015, the U.S.Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

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

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

Administrative statutes issued by an agency are known as:

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities.These statutes include:

There are more than twice as many federal judges as there are administrative law judges.

In general, procedural rules are exempt from the notice and comment requirements of the APA.

Which of the following is characteristic of an executive administrative agency?

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 U.S.Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

What is required by the substantial evidence test?

To be constitutionally permissible, an enabling statute must establish reasonable standards to guide an agency in implementing the statute.Using a broad phrase such as "fair and equitable" in an enabling statute meets this requirement.

In 1990, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use alternative dispute resolution.

The technical common law rules governing admissibility of evidence are used by most administrative agencies during hearings.

Legislative rules by an administrative agency do not have the force of law.