Exam 5: Administrative Law

Enabling statutes may not impose more stringent requirements for promulgating rules than those found in the APA.

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

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

Only records specifically exempted from disclosure because of national defense and security reasons are inaccessible under the FOIA.

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

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

Administrative statutes issued by an agency are known as:

The __________ is the federal public records statute requiring most records in agency files to be open to the public.

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

When reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Nancy has no right to review or copy federal agency records about herself which are subject to protection under the Privacy Act.

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

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

Congress enacted the Administrative Procedure Act in 1946.

Parties that seek to challenge agency action must:

Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is a good cause.

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

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Administrative agencies sometimes act as if they are judicial bodies.

The court in the American Airlines, Incorporated v.Department of Transportation case held: