Question 1

The rule of necessity states that an agency may render a final binding decision orallywhen a time-sensitive issue is being decided.

Accepted Answer

A) True 
 B)False

Question 2

Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.

Accepted Answer

A) True 
 B)False

Question 3

Amanda is a cab driver.Her taxi license will expire at midnight on August 8.Theapplicable law requires that she apply for continuation of the license at least 30 days prior to expiration and that a decision regarding continuation or denial must be made in a timely fashion.Her application was made in a timely manner.It is now August 9 and she has not heard from the licensing board.

Accepted Answer

A)  Her license is expired and she may not legally operate a taxi. 
B)  Her license is automatically renewed for up to 30 days, allowing her to resubmit her 
C)  Her license is automatically renewed until the decision on the renewal is made. 
D)  Her license is automatically renewed as if the continuation had been approved. 
A)  Her license is expired and she may not legally operate a taxi. 
B)  Her license is automatically renewed for up to 30 days, allowing her to resubmit her 
C)  Her license is automatically renewed until the decision on the renewal is made. 
D)  Her license is automatically renewed as if the continuation had been approved.

Question 4

The concept of separation of functions does not apply to:

Accepted Answer

A)  administrative law judges 
B)  agency heads 
C)  administrative law judges and agency heads 
D)  none of the above; separation of functions applies to everyone involved in the administrative process 
A)  administrative law judges 
B)  agency heads 
C)  administrative law judges and agency heads 
D)  none of the above; separation of functions applies to everyone involved in the administrative process

Question 5

The APA requires that parties be _____ informed of the time,place,and nature of the hearing.

Accepted Answer

The answer of The APA requires that parties be _____...

Question 6

If an individual's case is not heard by an agency because the individual missed theagency's filing deadlines,the doctrine of exhaustion of remedies may preclude judicialreview.

Accepted Answer

A) True 
 B)False

Question 7

Interrogatories may include questions asking for both narrative and short factual answers.

Accepted Answer

A) True 
 B)False

Question 8

The process in which a nonparty to a case claims an interest in the outcome andbecomes a party is called:

Accepted Answer

A)  interdiction 
B)  insurrection 
C)  intervention 
D)  inclusion 
A)  interdiction 
B)  insurrection 
C)  intervention 
D)  inclusion

Question 9

Appeals of ALJ decisions are conducted by agency heads sua sponte.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is not a measure taken to assure ALJ independence?

Accepted Answer

A)  All ALJs are paid the same salary by the government, adjusted only by years of 
B)  ALJs are selected from a list of qualified applicants by the Civil Service Commission. 
C)  ALJs are assigned to cases using a rotation. 
D)  ALJs may be removed for good cause only. 
A)  All ALJs are paid the same salary by the government, adjusted only by years of 
B)  ALJs are selected from a list of qualified applicants by the Civil Service Commission. 
C)  ALJs are assigned to cases using a rotation. 
D)  ALJs may be removed for good cause only.

Question 11

Administrative law judges are selected from a list of qualified applicants prepared by the Office of _____ Management,creating a corps of merit-appointed judges.

Accepted Answer

The answer of Administrative law judges are selected from a...

Question 12

Under the ___ Act,a federal statute governing discovery used by those charged by an agency,attorneys who are performing prosecutorial functions for the government must disclose prior statements of government witnesses after those witnesses have testified.

Accepted Answer

The answer of Under the ___ Act,a federal statute governing...

Question 13

The Legal Residuum Rule states that:

Accepted Answer

A)  evidence that courts view as incompetent may be used in an administrative hearing  and may support the agency’s decision, but may not be the sole support of the decision 
B)  evidence that courts view as incompetent may be used in an administrative hearing and may be the sole support of the decision 
C)  evidence that courts view as incompetent may not be used in an administrative hearing for any purpose 
D)  evidence that courts view as incompetent may be used in an administrative hearing by a person or organization in support of their case, but may not be used by the agency or the government against the person or organization 
A)  evidence that courts view as incompetent may be used in an administrative hearing  and may support the agency’s decision, but may not be the sole support of the decision 
B)  evidence that courts view as incompetent may be used in an administrative hearing and may be the sole support of the decision 
C)  evidence that courts view as incompetent may not be used in an administrative hearing for any purpose 
D)  evidence that courts view as incompetent may be used in an administrative hearing by a person or organization in support of their case, but may not be used by the agency or the government against the person or organization

Question 14

Matching:
-Matching:Match the form of discovery in Column 1 to the definition in Column 2.

Accepted Answer

1.*b,2.*d,

Question 15

There is no findings requirement for ____adjudications (hearings).

Accepted Answer

The answer of There is no findings requirement for ____adjudications...

Question 16

The most common form of ALJ opinions is:

Accepted Answer

A)  final decisions 
B)  initial decisions 
C)  recommended decisions 
D)  preliminary decisions 
A)  final decisions 
B)  initial decisions 
C)  recommended decisions 
D)  preliminary decisions

Question 17

When a presiding officer accepts a fact as true,without supporting evidence,becausethat fact is commonly known to be true by average persons and experts in the field,this iscalled:

Accepted Answer

A)  organizational notice 
B)  judicial notice 
C)  official notice 
D)  executive notice 
A)  organizational notice 
B)  judicial notice 
C)  official notice 
D)  executive notice

Question 18

The APA encourages agencies to use alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 19

The APA's position on the right to counsel is best characterized by which of thefollowing?

Accepted Answer

A)  All parties have the right to counsel. 
B)  Only those parties with constitutional rights at risk are entitled to counsel. 
C)  Presiding officers must approve the use of counsel on a case-by-case basis. 
D)  There is no right to counsel in administrative hearings. 
A)  All parties have the right to counsel. 
B)  Only those parties with constitutional rights at risk are entitled to counsel. 
C)  Presiding officers must approve the use of counsel on a case-by-case basis. 
D)  There is no right to counsel in administrative hearings.

Question 20

The physician-patient privilege allows a patient to object to a doctor testifying as toprivate information regarding the patient and allows the physician to object to the patienttestifying as to private information regarding the physician.

Accepted Answer

A) True 
 B)False

The rule of necessity states that an agency may render a final binding decision orallywhen a time-sensitive issue is being decided.

Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.

The concept of separation of functions does not apply to:

The APA requires that parties be _____ informed of the time,place,and nature of the hearing.

If an individual's case is not heard by an agency because the individual missed theagency's filing deadlines,the doctrine of exhaustion of remedies may preclude judicialreview.

Interrogatories may include questions asking for both narrative and short factual answers.

The process in which a nonparty to a case claims an interest in the outcome andbecomes a party is called:

Appeals of ALJ decisions are conducted by agency heads sua sponte.

Which of the following is not a measure taken to assure ALJ independence?

Administrative law judges are selected from a list of qualified applicants prepared by the Office of _____ Management,creating a corps of merit-appointed judges.

Under the ___ Act,a federal statute governing discovery used by those charged by an agency,attorneys who are performing prosecutorial functions for the government must disclose prior statements of government witnesses after those witnesses have testified.

The Legal Residuum Rule states that:

Matching: -Matching:Match the form of discovery in Column 1 to the definition in Column 2.

There is no findings requirement for ____adjudications (hearings).

The most common form of ALJ opinions is:

When a presiding officer accepts a fact as true,without supporting evidence,becausethat fact is commonly known to be true by average persons and experts in the field,this iscalled:

The APA encourages agencies to use alternative dispute resolution.

The APA's position on the right to counsel is best characterized by which of thefollowing?

The physician-patient privilege allows a patient to object to a doctor testifying as toprivate information regarding the patient and allows the physician to object to the patienttestifying as to private information regarding the physician.

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

The rule of necessity states that an agency may render a final binding decision orallywhen a time-sensitive issue is being decided.

Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.

The concept of separation of functions does not apply to:

The APA requires that parties be _____ informed of the time,place,and nature of the hearing.

If an individual's case is not heard by an agency because the individual missed theagency's filing deadlines,the doctrine of exhaustion of remedies may preclude judicialreview.

Interrogatories may include questions asking for both narrative and short factual answers.

The process in which a nonparty to a case claims an interest in the outcome andbecomes a party is called:

Appeals of ALJ decisions are conducted by agency heads sua sponte.

Which of the following is not a measure taken to assure ALJ independence?

Administrative law judges are selected from a list of qualified applicants prepared by the Office of _____ Management,creating a corps of merit-appointed judges.

Under the ___ Act,a federal statute governing discovery used by those charged by an agency,attorneys who are performing prosecutorial functions for the government must disclose prior statements of government witnesses after those witnesses have testified.

The Legal Residuum Rule states that:

Matching: -Matching:Match the form of discovery in Column 1 to the definition in Column 2.

There is no findings requirement for ____adjudications (hearings).

The most common form of ALJ opinions is:

When a presiding officer accepts a fact as true,without supporting evidence,becausethat fact is commonly known to be true by average persons and experts in the field,this iscalled:

The APA encourages agencies to use alternative dispute resolution.

The APA's position on the right to counsel is best characterized by which of thefollowing?

The physician-patient privilege allows a patient to object to a doctor testifying as toprivate information regarding the patient and allows the physician to object to the patienttestifying as to private information regarding the physician.

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