Question 1

If a statute is unclear or requires only a hearing,courts are likely to hold that:

Accepted Answer

A)   formal rulemaking be used
B)   informal rulemaking be used
C)   negotiated rulemaking be used
D)   hybrid rulemaking be used B

Question 2

Regulations are subordinate to statutes but have equal weight when applied.

Accepted Answer

A) True 
 B)False  True

Question 3

Ratemaking in an industry with one entity requires adherence to due processrequirements.

Accepted Answer

A) True 
 B)False  True

Question 4

Formal rulemaking procedures require a public hearing conducted before a jury.

Accepted Answer

A) True 
 B)False

Question 5

Taxation by Congress creates no due process concerns.

Accepted Answer

A) True 
 B)False

Question 6

Generally,adjudications are directed at large groups.

Accepted Answer

A) True 
 B)False

Question 7

With rulemaking,the agency must publish a notice of proposed rulemaking,normally in the Federal ____.

Accepted Answer

The answer of With rulemaking,the agency must publish a notice...

Question 8

Negotiated rulemaking is not subject to public hearing requirements.

Accepted Answer

A) True 
 B)False

Question 9

Hybrid rulemaking requirements may be imposed by:

Accepted Answer

A)   the Congress only
B)   the President only
C)   either the Congress and/or the President
D)   None of the above. Only the judiciary exercising judicial review may mandate hybrid rulemaking requirements.

Question 10

Ex parte communications are expressly prohibited with regard to ________ hearings.

Accepted Answer

A)   formal rulemaking
B)   informal rulemaking
C)   exempted rulemaking
D)   negotiated rulemaking

Question 11

Notice of proposed rulemaking must be published in the Federal Register regarding:

Accepted Answer

A)   formal rulemaking proceedings
B)   informal rulemaking proceedings
C)   both formal and informal rulemaking proceedings
D)   Neither of the above. Publication is by publication in the Congressional Record.

Question 12

Explain the differences between formal and informal rulemaking.

Accepted Answer

The answer of Explain the differences between formal and informal...

Question 13

Generally,agencies are free to make rules without conducting hearings.

Accepted Answer

A) True 
 B)False

Question 14

Rulemaking that involves adding additional requirements to established or customaryrulemaking procedures is called:

Accepted Answer

A)   formal rulemaking
B)   informal rulemaking
C)   exempted rulemaking
D)   hybrid rulemaking

Question 15

Justice Holmes defined _____ as a process that investigates,declares,and enforces liabilities as they stand on present or past facts and under laws supposedalready to exist.

Accepted Answer

The answer of Justice Holmes defined _____ as a process...

Question 16

The APA does not require that the following factor be considered when determiningthe appropriateness of negotiated rulemaking in a given situation:

Accepted Answer

A)   the need for a rule
B)   whether it's likely that a committee will reach a decision
C)   the experience and qualifications of committee members
D)   the likelihood that the agency will use the negotiated rule

Question 17

When is formal rulemaking required? Explain whether formal or informal rulemaking is used more frequently.

Accepted Answer

The answer of When is formal rulemaking required? Explain whether...

Question 18

_____ rulemaking is required only when a statute clearly commands that a rule be made on the record after an opportunity for an agency hearing.

Accepted Answer

The answer of _____ rulemaking is required only when a...

Question 19

Negotiated rulemaking has been criticized as too costly and too time consuming.

Accepted Answer

A) True 
 B)False

Question 20

Generally,rules and rulemaking involve individual claims.

Accepted Answer

A) True 
 B)False

Exam 6: Agency Rulemaking

If a statute is unclear or requires only a hearing,courts are likely to hold that:

Regulations are subordinate to statutes but have equal weight when applied.

Ratemaking in an industry with one entity requires adherence to due processrequirements.

Formal rulemaking procedures require a public hearing conducted before a jury.

Taxation by Congress creates no due process concerns.

Generally,adjudications are directed at large groups.

With rulemaking,the agency must publish a notice of proposed rulemaking,normally in the Federal ____.

Negotiated rulemaking is not subject to public hearing requirements.

Hybrid rulemaking requirements may be imposed by:

Ex parte communications are expressly prohibited with regard to ________ hearings.

Notice of proposed rulemaking must be published in the Federal Register regarding:

Explain the differences between formal and informal rulemaking.

Generally,agencies are free to make rules without conducting hearings.

Rulemaking that involves adding additional requirements to established or customaryrulemaking procedures is called:

Justice Holmes defined _____ as a process that investigates,declares,and enforces liabilities as they stand on present or past facts and under laws supposedalready to exist.

The APA does not require that the following factor be considered when determiningthe appropriateness of negotiated rulemaking in a given situation:

When is formal rulemaking required? Explain whether formal or informal rulemaking is used more frequently.

_____ rulemaking is required only when a statute clearly commands that a rule be made on the record after an opportunity for an agency hearing.

Negotiated rulemaking has been criticized as too costly and too time consuming.

Generally,rules and rulemaking involve individual claims.