Question 1

Administrative agencies sometimes function as judicial bodies.

Accepted Answer

A) True 
 B)False

Question 2

Administrative hearings are held before a jury.

Accepted Answer

A) True 
 B)False

Question 3

In 2015, the U.S.Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Accepted Answer

A) True 
 B)False

Question 6

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

Accepted Answer

A) True 
 B)False

Question 7

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

Accepted Answer

A)  executive committees 
B)  administrative agencies 
C)  the courts 
D)  legislatures, including Congress

Question 8

Administrative statutes issued by an agency are known as:

Accepted Answer

A)  legislative rules. 
B)  interpretive rules. 
C)  hybrid rules. 
D)  procedural rules.

Question 9

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

Accepted Answer

A)  Freedom of Information Act. 
B)  Government in the Sunshine Act. 
C)  Both are correct. 
D)  Neither are correct.

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A)  It has complete independence from the president. 
B)  It deals only with executives of major corporations. 
C)  It is housed within the executive branch of the government. 
D)  It has complete independence from Congress.

Question 13

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

Accepted Answer

A)  The unwarranted by the facts standard. 
B)  The substantial evidence standard. 
C)  The arbitrary and capricious standard. 
D)  The beyond a reasonable doubt standard.

Question 14

The U.S.Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

Accepted Answer

A) True 
 B)False

Question 15

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Accepted Answer

A) True 
 B)False

Question 16

What is required by the substantial evidence test?

Accepted Answer

A)  The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B)  It requires the court to try the facts de novo . 
C)  It requires only that the agency had a rational basis for reaching its decision. 
D)  It requires proof beyond a reasonable doubt.

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

In 1990, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 19

The technical common law rules governing admissibility of evidence are used by most administrative agencies during hearings.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 5: Administrative Law

Administrative agencies sometimes function as judicial bodies.

Administrative hearings are held before a jury.

In 2015, the U.S.Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

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

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

Administrative statutes issued by an agency are known as:

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

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

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

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

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

The U.S.Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

What is required by the substantial evidence test?

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.

In 1990, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use alternative dispute resolution.

The technical common law rules governing admissibility of evidence are used by most administrative agencies during hearings.

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