Exam 6: Administrative-Law

Delaney is in charge of a new federal agency set up to monitor farming operations.The agency wishes to institute a rule regarding the use of pesticides.Delaney tells associates to publish the proposed rule but to decline taking comments on the rule because Delaney does not want to deal with unhappy farmers.Assuming you are legal counsel to the agency,what would you tell Delaney regarding the plan to refuse comments on the proposed rule?

Generally,federal administrative agencies are created by:

The legislature may probe agency officials to determine why they acted as they did.

Critics of administrative agencies claim that they violate the doctrine of separation of powers.Explain the basis for this criticism.Explain why agencies are so prevalent despite the absence of any explicit provision for their existence in the Constitution.Discuss fully.

Formal agency adjudications are typically presided over by an agency member or by an administrative law judge who rules on offers of proof and relevant evidence and decides the case at hand.

Actions of administrative agencies often affect businesses but rarely affect individuals.

In CASE 6.1,Gutierrez-Brizuela v.Lynch (2016)before the U.S.Supreme Court,the administrative agency Board of Immigration Appeals had announced that any applicant who has entered the country illegally more than once is required to wait the ten-year period before applying for lawful residency.The question before the court was whether an administrative agency may retroactively apply a new rule that contradicts existing judicial precedent.How did the Court rule?

Generally,an administrative agency may only do what Congress or the state legislature has authorized it to do.

As part of carrying out their responsibility for determining whether a regulated company or individual is complying with the applicable laws and regulations,administrative agencies must request that the Congressional committee responsible for that agency issue subpoenas to make mandatory requests for information.

Agencies are usually part of which branch of government?

The federal statute authorizing individuals to obtain copies of government records on any subject that is of interest is known as

A final agency rule is codified and added to the

Statutes and agency rules often provide that courts performing judicial review of agency action may NOT rule on which of the following issues?

Rules adopted by a federal agency are published in the

The U.S.Supreme Court has repeatedly upheld the fundamental principle that government employees acting beyond their authority can still bind the government based upon apparent authority.

Administrative agencies are a relatively new development in the history of the United States.

Which of the following statements is true regarding review of agency procedures?

When an administrative agency adopts a regulation,it becomes binding on the:

A formal administrative adjudication includes the right to:

______ has been called the lifeblood of administrative agencies.