Question 1

Criticism of administrative agencies includes that they:

Accepted Answer

A)   lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems.
B)   lack the broad powers necessary to effectively deal with regulatory problems.
C)   are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated.
D)   All of these are valid criticisms.E) A) and C)
F) A) and B)

Question 2

Congress appoints and removes the chief administrators of federal administrative agencies.

Accepted Answer

A) True 
 B)False

Question 3

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative
Procedure Act (APA).

Accepted Answer

A) True 
 B)False

Question 4

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Accepted Answer

Administrative agencies are governmental...

Question 5

Administrative statutes, often called regulations, issued by an agency are:

Accepted Answer

A)   legislative rules.
B)   enabling statutes.
C)   appropriations.
D)   orders.E) A) and C)
F) All of the above

Question 6

Agencies may deny access to which of the following types of records?

Accepted Answer

A)   Those related to national defense and specifically authorized to be kept secret
B)   Those relating to internal personnel rules
C)   Trade secrets
D)   All of these.E) A) and B)
F) A) and C)

Question 7

The Privacy Act:

Accepted Answer

A)   prohibits any disclosures of records covered by the Act to the individuals about whom information has been collected.
B)   is another name for the Freedom of Information Act.
C)   requires agencies to collect information to the greatest extent practicable directly from the individual affected.
D)   requires agencies, after six years, to delete the information gathered about an individual.E) A) and B)
F) None of the above

Question 8

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.
District Court.

Accepted Answer

A) True 
 B)False

Question 9

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 10

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Accepted Answer

A) True 
 B)False

Question 11

What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?

Accepted Answer

A)   Rulemaking
B)   Lobbying
C)   Adjudication
D)   EnforcementE) B) and C)
F) All of the above

Question 12

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.E) A) and D)
F) A) and C)

Question 13

Only the federal government creates administrative law.

Accepted Answer

A) True 
 B)False

Question 14

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

Accepted Answer

A)   Administrative Procedures Act.
B)   U.S. Constitution.
C)   agency's enabling statute.
D)   Rules must be adopted in compliance with all of the above.E) B) and D)
F) A) and D)

Question 15

The is the federal public records statute requiring most records in agency files to be open to the public.

Accepted Answer

A)   FOIA
B)   APA
C)   ALJ
D)   Government in the Sunshine ActE) A) and B)
F) All of the above

Question 16

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Accepted Answer

A) True 
 B)False

Question 17

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 permits the court to try the facts de novo.
C)   It requires that the agency set aside action if it is prejudicial.
D)   It requires proof beyond a reasonable doubt.E) None of the above
F) C) and D)

Question 18

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.E) All of the above
F) C) and D)

Question 19

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 test in reviewing factual determinations?

Accepted Answer

A)   The unwarranted by the facts standard.
B)   The substantial evidence test.
C)   The arbitrary and capricious test.
D)   The beyond a reasonable doubt standard.E) None of the above
F) B) and C)

Question 20

Only records specifically exempted from disclosure by statute are exempt from FOIA.

Accepted Answer

A) True 
 B)False

Exam 5: Administrative Law

The Privacy Act:

Correct Answer
verified

Only documentary evidence may be admitted at an administrative hearing.

Correct Answer
verified

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Correct Answer
verified

What is required by the substantial evidence test?

Correct Answer
verified

Administrative statutes, often called regulations, issued by an agency are:

Correct Answer
verified

Only the federal government creates administrative law.

Correct Answer
verified

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative Procedure Act (APA).

Correct Answer
verified

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court.

Correct Answer
verified

Only records specifically exempted from disclosure by statute are exempt from FOIA.

Correct Answer
verified

Correct Answer
verified

Agencies may deny access to which of the following types of records?

Correct Answer
verified

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Correct Answer
verified
Administrative agencies are governmental...
View Answer

The is the federal public records statute requiring most records in agency files to be open to the public.

Correct Answer
verified

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Correct Answer
verified

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

Correct Answer
verified

Criticism of administrative agencies includes that they:

Correct Answer
verified

What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?

Correct Answer
verified

Correct Answer
verified

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 test in reviewing factual determinations?

Correct Answer
verified

Congress appoints and removes the chief administrators of federal administrative agencies.

Correct Answer
verified

Exam 5: Administrative Law

The Privacy Act:

Correct AnswerverifiedShow Answer

Only documentary evidence may be admitted at an administrative hearing.

Correct AnswerverifiedShow Answer

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Correct AnswerverifiedShow Answer

What is required by the substantial evidence test?

Correct AnswerverifiedShow Answer

Administrative statutes, often called regulations, issued by an agency are:

Correct AnswerverifiedShow Answer

Only the federal government creates administrative law.

Correct AnswerverifiedShow Answer

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative Procedure Act (APA).

Correct AnswerverifiedShow Answer

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court.

Correct AnswerverifiedShow Answer

Only records specifically exempted from disclosure by statute are exempt from FOIA.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Agencies may deny access to which of the following types of records?

Correct AnswerverifiedShow Answer

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Correct AnswerverifiedAdministrative agencies are governmental...View AnswerShow Answer

The is the federal public records statute requiring most records in agency files to be open to the public.

Correct AnswerverifiedShow Answer

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Correct AnswerverifiedShow Answer

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

Correct AnswerverifiedShow Answer

Criticism of administrative agencies includes that they:

Correct AnswerverifiedShow Answer

What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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 test in reviewing factual determinations?

Correct AnswerverifiedShow Answer

Congress appoints and removes the chief administrators of federal administrative agencies.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Administrative agencies are governmental...
View Answer

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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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