Question 1

An advantage of administrative agencies is that they:

Accepted Answer

A)  relieve legislatures from trying to create legislation that deals with every detail of a specific problem. 
B)  can be specialized bodies staffed by individuals with expertise in the regulated field. 
C)  can be concerned about compliance with constitutional mandates since they perform powers of all three branches of government. 
D)  All of these. 
A)  relieve legislatures from trying to create legislation that deals with every detail of a specific problem. 
B)  can be specialized bodies staffed by individuals with expertise in the regulated field. 
C)  can be concerned about compliance with constitutional mandates since they perform powers of all three branches of government. 
D)  All of these.

Question 2

Congress enacted the Administrative Procedure Act in 1946.

Accepted Answer

A) True 
 B)False

Question 3

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:

Accepted Answer

A)  formal rulemaking. 
B)  hybrid rulemaking. 
C)  informal rulemaking. 
D)  negotiated rulemaking. 
A)  formal rulemaking. 
B)  hybrid rulemaking. 
C)  informal rulemaking. 
D)  negotiated rulemaking.

Question 4

Administrative statutes issued by an agency are known as:

Accepted Answer

A)  legislative rules. 
B)  interpretive rules. 
C)  hybrid rules. 
D)  procedural rules. 
A)  legislative rules. 
B)  interpretive rules. 
C)  hybrid rules. 
D)  procedural rules.

Question 5

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Accepted Answer

A) True 
 B)False

Question 6

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 7

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

Accepted Answer

A)  FOIA. 
B)  Privacy Act. 
C)  Government in the Sunshine Act. 
D)  APA. 
A)  FOIA. 
B)  Privacy Act. 
C)  Government in the Sunshine Act. 
D)  APA.

Question 8

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 9

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Accepted Answer

A) True 
 B)False

Question 12

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

Accepted Answer

A) True 
 B)False

Question 13

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 14

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Accepted Answer

A) True 
 B)False

Question 15

The president has significant control over administrative agencies housed within the executive branch by virtue of the power to:

Accepted Answer

A)  remove commissioners for causes set forth by statute. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of the above. 
A)  remove commissioners for causes set forth by statute. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of the above.

Question 16

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 17

In reviewing an agency action, which of the following are included in the questions of law a court will consider?

Accepted Answer

A)  Whether the agency violated any constitutional provision. 
B)  Whether the agency acted contrary to the procedural requirements of the law. 
C)  Whether the agency exceeded its authority. 
D)  All of these. 
A)  Whether the agency violated any constitutional provision. 
B)  Whether the agency acted contrary to the procedural requirements of the law. 
C)  Whether the agency exceeded its authority. 
D)  All of these.

Question 18

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Accepted Answer

The Congressional Review Act enacted in

Question 19

Administrative agencies sometimes act as if they are judicial bodies.

Accepted Answer

A) True 
 B)False

Question 20

Parties that seek to challenge agency action must:

Accepted Answer

A)  have standing. 
B)  have exhausted their administrative remedies. 
C)  be a party injured by the agency action. 
D)  All of the above. 
A)  have standing. 
B)  have exhausted their administrative remedies. 
C)  be a party injured by the agency action. 
D)  All of the above.

Exam 5: Administrative Law

An advantage of administrative agencies is that they:

Congress enacted the Administrative Procedure Act in 1946.

Administrative statutes issued by an agency are known as:

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

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

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

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

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

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

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

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

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

The president has significant control over administrative agencies housed within the executive branch by virtue of the power to:

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?

In reviewing an agency action, which of the following are included in the questions of law a court will consider?

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Administrative agencies sometimes act as if they are judicial bodies.

Parties that seek to challenge agency action must:

Introduction to Law

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