Exam 6: Administrative-Law

The Administrative Procedure Act (APA)requires federal administrative agencies to give notice to the public of intent to promulgate a rule and to provide the public with an opportunity to submit written comments before adopting a final rule.Which of the following would be exempt from this rule?

The general rule is that agency action is ripe for judicial review when the impact of the action is sufficiently direct and immediate as to make review appropriate.

Which of the following reasons best explains the creation of administrative agencies?

Administrative agencies have been referred to as the fourth branch of the U.S.government.

Which of the following agencies was created following the terrorist attacks of September 11,2001,to be responsible for civilian aspects of national security?

Which of the following is one of the earliest administrative agencies in the United States?

Determining whether a regulated company or person is complying with laws and regulations cannot be a function of administrative agencies because of Congressional prohibitions.

Agencies are required to hold a formal public hearing before enacting any regulation.

The Fifth Amendment's protection against self-incrimination does not apply to corporations.

To carry out legislative intent,legislatures may provide an administrative agency with the authority to carry out the task.What is the order of the steps in this process?

Discuss what is meant by the ripeness doctrine,why it is needed,when issues involve ripeness usually occur,and when a dispute is generally ripe for determination.

In the United States v Morgan case referenced in the text,the U.S.Supreme Court ruled it ______ for a court to allow questions regarding the ______ of the agency.

__________ by administrative agencies provide a practical decision-making process for repetitive,frequent actions that are inappropriate to litigate in courts.

In the Ragsdale v.Wolverine World Wide case discussed in the text,the question was whether the Department of Labor could validly institute a regulation giving an employee the right to an additional 12 weeks of family or medical leave if the employer failed to notify the employee that the 12 weeks of leave provided by the Family and Medical Leave Act ran concurrently with the thirty weeks of paid disability leave provided by the employer.How did the U.S.Supreme Court rule?

Discuss the general rule regarding when a court will entertain an appeal to an administrative process and the reason for the rule.

Federal administrative rules that are not properly published in the Federal Register are void.

Within a formal administrative adjudication,the hearing is conducted like a trial.

Agencies lack the authority to conduct formal adjudications.

The Fifth Amendment's protection against self-incrimination applies to all records including all those that the government requires to be kept.

The U.S.government has adopted __________ to facilitate seeking consensus of the most affected groups regarding the substance of new regulations,a process which arose from the Japanese style of negotiation.