Exam 5: Administrative Law

Under the Administrative Procedure Act

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

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

The scope of administrative law has expanded greatly in the last fifty years.

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities.These statutes include:

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

The legislature may exercise control of administrative agencies in various ways.These are:

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

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

In general,procedural rules are exempt from the notice and comment requirements of the

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Federal administrative agencies must,within one year after creating records,make them available by electronic means.

There are more than twice as many federal judges as there are administrative law judges.

Administrative hearings are held before a jury,just as are court hearings.

An administrative agency's discretion to compel the disclosure of information is subject to any legal privileges to withhold such information.

All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them,as well as a statement of the appropriate relief.

An administrative agency must always use formal procedures to resolve matters.