Exam 5: Administrative Law

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Interpretative rules are exempt from the

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules.This is:

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

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

In 1990,Congress enacted the Administrative Dispute Resolution Act.This Act does not:

A major rule of an administrative agency:

Administrative statutes issued by an agency are known as:

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

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company then appeals the decision to the commission itself.Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

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

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

After an FOIA request has been made,an agency has __________ working days within which to indicate whether it intends to comply.

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.

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

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:

What standard does a court use in reviewing the factual determinations of an administrative agency?

Under the informal rulemaking procedures of the

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.