Question 1

Licensing decisions made by agencies are considered orders.

Accepted Answer

A) True 
 B)False  True

Question 2

Contact between an individual and a decision maker without the other parties beingpresent is considered:

Accepted Answer

A)  de novo 
B)  amicus curiae 
C)  ex parte 
D)  sua sponte 
A)  de novo 
B)  amicus curiae 
C)  ex parte 
D)  sua sponte C

Question 3

The Ashbacker Doctrine states that:

Accepted Answer

A)  agencies may conduct separate hearings when two or more parties are competing for 
B)  an agency must have one consolidated comparative hearing whenever two or more 
C)  burdens of proof in licensing hearings must rise to the level of clear and convincing 
D)  burdens of proof in licensing hearings are required to be a preponderance of the 
A)  agencies may conduct separate hearings when two or more parties are competing for 
B)  an agency must have one consolidated comparative hearing whenever two or more 
C)  burdens of proof in licensing hearings must rise to the level of clear and convincing 
D)  burdens of proof in licensing hearings are required to be a preponderance of the B

Question 4

In most instances,the person who carries the burden of production in a case alsocarries the burden of persuasion.

Accepted Answer

A) True 
 B)False

Question 5

Possessing a belief about a case before it has been heard does not require an ALJ toresign from the case unless the ALJ has a firmly established belief as to what the finaloutcome should be.

Accepted Answer

A) True 
 B)False

Question 6

Rulemaking decisions made by agencies are considered orders.

Accepted Answer

A) True 
 B)False

Question 7

Because it is not an Article III proceeding,cross-examination is rarely permitted inadministrative hearings.

Accepted Answer

A) True 
 B)False

Question 8

Written statements propounded by one party that must be responded to by the other party by admitting,denying,or objecting to each statement are called requests for _____.

Accepted Answer

The answer of Written statements propounded by one party that...

Question 9

Written questions presented to a party to be answered under oath and in writing are called _____.

Accepted Answer

The answer of Written questions presented to a party to...

Question 10

Whenever notice is taken of a material fact,the agency must give the parties anopportunity to disprove the truth of the fact noticed.

Accepted Answer

A) True 
 B)False

Question 11

If a statute requires a "hearing," that hearing is required to be a trial-type hearing.

Accepted Answer

A) True 
 B)False

Question 12

The following standards of proof are listed from least demanding to most demanding:

Accepted Answer

A)  clear and convincing; preponderance of the evidence; beyond a reasonable doubt 
B)  preponderance of the evidence; beyond a reasonable doubt; clear and convincing 
C)  preponderance of the evidence; clear and convincing; beyond a reasonable doubt 
D)  beyond a reasonable doubt; clear and convincing; preponderance of the evidence 
E)  clear and convincing; beyond a reasonable doubt; preponderance of the evidence 
A)  clear and convincing; preponderance of the evidence; beyond a reasonable doubt 
B)  preponderance of the evidence; beyond a reasonable doubt; clear and convincing 
C)  preponderance of the evidence; clear and convincing; beyond a reasonable doubt 
D)  beyond a reasonable doubt; clear and convincing; preponderance of the evidence 
E)  clear and convincing; beyond a reasonable doubt; preponderance of the evidence

Question 13

Due process and the APA require that notice and a fair _____ be provided to interested parties.

Accepted Answer

The answer of Due process and the APA require that...

Question 14

The level or degree to which a case must be proven is called the burden of persuasion.

Accepted Answer

A) True 
 B)False

Question 15

The rule of necessity allows an agency to conduct an immediate hearing withoutadequate notice when an emergency exists.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following consists of oral questions answered orally?

Accepted Answer

A)  Depositions 
B)  Interrogatories 
C)  Requests for admissions 
D)  Subpoena 
A)  Depositions 
B)  Interrogatories 
C)  Requests for admissions 
D)  Subpoena

Question 17

The procedures used for formal _____ are borrowed from formal adjudication.

Accepted Answer

The answer of The procedures used for formal _____ are...

Question 18

A proceeding involving an agency's charge that a person has violated a regulation iscalled a(n)_____.

Accepted Answer

The answer of A proceeding involving an agency's charge that...

Question 19

ALJs are considered Article III judges.

Accepted Answer

A) True 
 B)False

Question 20

The decision of an ALJ is final.

Accepted Answer

A) True 
 B)False

Licensing decisions made by agencies are considered orders.

Contact between an individual and a decision maker without the other parties beingpresent is considered:

The Ashbacker Doctrine states that:

In most instances,the person who carries the burden of production in a case alsocarries the burden of persuasion.

Possessing a belief about a case before it has been heard does not require an ALJ toresign from the case unless the ALJ has a firmly established belief as to what the finaloutcome should be.

Rulemaking decisions made by agencies are considered orders.

Because it is not an Article III proceeding,cross-examination is rarely permitted inadministrative hearings.

Written statements propounded by one party that must be responded to by the other party by admitting,denying,or objecting to each statement are called requests for _____.

Written questions presented to a party to be answered under oath and in writing are called _____.

Whenever notice is taken of a material fact,the agency must give the parties anopportunity to disprove the truth of the fact noticed.

If a statute requires a "hearing," that hearing is required to be a trial-type hearing.

The following standards of proof are listed from least demanding to most demanding:

Due process and the APA require that notice and a fair _____ be provided to interested parties.

The level or degree to which a case must be proven is called the burden of persuasion.

The rule of necessity allows an agency to conduct an immediate hearing withoutadequate notice when an emergency exists.

Which of the following consists of oral questions answered orally?

The procedures used for formal _____ are borrowed from formal adjudication.

A proceeding involving an agency's charge that a person has violated a regulation iscalled a(n)_____.

ALJs are considered Article III judges.

The decision of an ALJ is final.

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Delegation

Agency Rulemaking

Agency Investigations and Information Collection

Accountability Through Reviewability

Accountability Through Accessibility

Accountability Through Liability

Filters

Exam 8: Formal Adjudications

Licensing decisions made by agencies are considered orders.

Contact between an individual and a decision maker without the other parties beingpresent is considered:

The Ashbacker Doctrine states that:

In most instances,the person who carries the burden of production in a case alsocarries the burden of persuasion.

Possessing a belief about a case before it has been heard does not require an ALJ toresign from the case unless the ALJ has a firmly established belief as to what the finaloutcome should be.

Rulemaking decisions made by agencies are considered orders.

Because it is not an Article III proceeding,cross-examination is rarely permitted inadministrative hearings.

Written statements propounded by one party that must be responded to by the other party by admitting,denying,or objecting to each statement are called requests for _____.

Written questions presented to a party to be answered under oath and in writing are called _____.

Whenever notice is taken of a material fact,the agency must give the parties anopportunity to disprove the truth of the fact noticed.

If a statute requires a "hearing," that hearing is required to be a trial-type hearing.

The following standards of proof are listed from least demanding to most demanding:

Due process and the APA require that notice and a fair _____ be provided to interested parties.

The level or degree to which a case must be proven is called the burden of persuasion.

The rule of necessity allows an agency to conduct an immediate hearing withoutadequate notice when an emergency exists.

Which of the following consists of oral questions answered orally?

The procedures used for formal _____ are borrowed from formal adjudication.

A proceeding involving an agency's charge that a person has violated a regulation iscalled a(n)_____.

ALJs are considered Article III judges.

The decision of an ALJ is final.

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Delegation

Agency Rulemaking

Agency Investigations and Information Collection

Accountability Through Reviewability

Accountability Through Accessibility

Accountability Through Liability

Filters