Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

The president has significant control over administrative agencies housed within the executive branch by virtue of his power to:

Accepted Answer

A)  remove commissioners for causes set forth by statute.
B)  appoint and remove the chief administrator of those agencies.
C)  impound moneys appropriated to the agency by Congress.
D)  All of the above. D

Question 3

Which of the following statements is true regarding administrative law judges?

Accepted Answer

A)  ALJs are appointed by the president with the approval of the Senate.
B)  ALJs may be removed only for good cause.
C)  There are more than twice as many federal judges as there are administrative law judges.
D)  Administrative law judges preside over jury cases within the area of expertise of the agency. B

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

Legislation enacted in 1996 requires agencies to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following phrases would meet the requirement that, to be constitutionally permissible, the enabling statute granting power to an agency must establish reasonable standards to guide the agency in implementing the statute?

Accepted Answer

A)  "Fair and equitable."
B)  "Public interest, convenience, and necessity."
C)  "To prohibit unfair methods of competition."
D)  All of the above.
E)  None of the above.The phrases in choices (a) , (b) , and (c)  are too broad.

Question 8

What term refers to the entire set of activities in which an administrative agency engages?

Accepted Answer

A)  Rulemaking.
B)  The administrative process.
C)  Promulgating.
D)  Enforcement.

Question 9

The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them.To avoid any public comment, the agency seeks to adopt the rules without publishing them.Which of the following statements is true regarding the agency's actions?

Accepted Answer

A)  The agency has a right to act in this way and a duty to be efficient with taxpayer money.
B)  The rules in this instance are procedural in nature and therefore are not required to be published.
C)  The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.
D)  The agency has no rulemaking authority, because only Congress can make legislative rules.

Question 10

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

Accepted Answer

A)  3
B)  10
C)  21
D)  30

Question 11

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 12

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

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A)  encourage the federal agencies to use arbitration.
B)  authorize federal agencies to use mediation and conciliation.
C)  require the agencies to use alternative dispute resolution.
D)  All of the above.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

In investigating conduct to determine whether the enabling statute has been violated, an agency is subject to all but which of the following limitations?

Accepted Answer

A)  The investigation must be authorized by law and undertaken for a legitimate purpose.
B)  The information sought must be relevant.
C)  The information sought must be privileged.
D)  The demand for information must be sufficiently specific.

Question 16

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:

Accepted Answer

A)  formal rulemaking.
B)  hybrid rulemaking.
C)  informal rulemaking.
D)  negotiated rulemaking.

Question 17

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?

Accepted Answer

The answer of Compare the adjudication process in an administrative...

Question 18

Over the last half-century, the scope of administrative law has expanded enormously because of the increasing complexity of the social, economic, and industrial life of the United States.

Accepted Answer

A) True 
 B)False

Question 19

A statute may preclude judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 5: Administrative Law

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

The president has significant control over administrative agencies housed within the executive branch by virtue of his power to:

Which of the following statements is true regarding administrative law judges?

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

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

Legislation enacted in 1996 requires agencies to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Which of the following phrases would meet the requirement that, to be constitutionally permissible, the enabling statute granting power to an agency must establish reasonable standards to guide the agency in implementing the statute?

What term refers to the entire set of activities in which an administrative agency engages?

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

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.

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

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

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

In investigating conduct to determine whether the enabling statute has been violated, an agency is subject to all but which of the following limitations?

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?

Over the last half-century, the scope of administrative law has expanded enormously because of the increasing complexity of the social, economic, and industrial life of the United States.

A statute may preclude judicial review of an agency action.

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