Question 1

After a FOIA request has been made,an agency has ____ to indicate whether it intends to comply.

Accepted Answer

A)   three business days
B)   ten working days
C)   three weeks
D)   one monthE) B) and D)
F) None of the above

Question 2

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A)   SEC.
B)   APA.
C)   FCC.
D)   NHTSA.E) C) and D)
F) A) and D)

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

In 1995,Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes.

Accepted Answer

A) True 
 B)False

Question 5

An agency can charge for providing records to a person requesting access to its files.

Accepted Answer

A) True 
 B)False

Question 6

Sophia would like to become an administrative law judge.How should she go about exploring this employment option?

Accepted Answer

A)   She should fill out an application for federal employment pursuant to the federal civil service merit selection rules.
B)   She should talk to her congressional representative and ask for a recommendation.
C)   She should contribute a substantial sum of money to the President's political party so that the President will consider appointing her to such a job.
D)   She should file for election to the job during the next election year.E) A) and C)
F) B) and C)

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

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

Question 10

All agency decisions must include a statement of findings of fact and conclusions of law.

Accepted Answer

A) True 
 B)False

Question 11

The Administrative Dispute Resolution Act:

Accepted Answer

A)   was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies.
B)   requires federal agencies to use alternative dispute resolution.
C)   was enacted to require state and federal agencies to use formal methods of dispute resolution.
D)   authorizes and encourages,but does not require,federal agencies to use techniques such as mediation,conciliation,and arbitration to resolve disputes informally.E) A) and B)
F) None of the above

Question 12

In reviewing an agency action,which of the following is included in the questions of law a court will consider?

Accepted Answer

A)   Whether the agency violated any constitutional provision.
B)   Whether the agency acted contrary to the procedural requirements of the law.
C)   Whether the agency exceeded its authority.
D)   All of these would be considered.E) B) and C)
F) None of the above

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 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) B) and C)
F) All of the above

Question 14

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 B)
F) None of the above

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

An agency's deciding an appealed case de novo means:

Accepted Answer

A)   agency hearings produce evidence of general conditions.
B)   the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision.
C)   without regard to new evidence.
D)   an agency may impose in its orders sanctions,such as penalties.E) A) and C)
F) None of the above

Question 17

Hybrid rulemaking is more formal than procedures the agency uses in informal rulemaking.

Accepted Answer

A) True 
 B)False

Question 18

Much of federal,state,and local law in this country has been established by administrative agencies.Because agencies possess tremendous power,many people have labeled them the:

Accepted Answer

A)   independent commissions.
B)   legislative enforcers.
C)   fourth branch of government.
D)   None of these.E) C) and D)
F) A) and B)

Question 19

In carrying out their enforcement function,agencies traditionally have been accorded little discretion to compel the disclosure of information needed for an investigation.

Accepted Answer

A) True 
 B)False

Question 20

Agencies must submit newly adopted rules to Congress,and a major rule does not become final until Congress has the opportunity to disapprove it.

Accepted Answer

A) True 
 B)False

Exam 5: A: Administrative Law

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

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

Correct AnswerverifiedShow Answer

An agency's deciding an appealed case de novo means:

Correct AnswerverifiedShow Answer

In carrying out their enforcement function,agencies traditionally have been accorded little discretion to compel the disclosure of information needed for an investigation.

Correct AnswerverifiedShow Answer

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Correct AnswerverifiedShow Answer

After a FOIA request has been made,an agency has ____ to indicate whether it intends to comply.

Correct AnswerverifiedShow Answer

An agency can charge for providing records to a person requesting access to its files.

Correct AnswerverifiedShow Answer

Hybrid rulemaking is more formal than procedures the agency uses in informal rulemaking.

Correct AnswerverifiedShow Answer

The Administrative Dispute Resolution Act:

Correct AnswerverifiedShow Answer

Much of federal,state,and local law in this country has been established by administrative agencies.Because agencies possess tremendous power,many people have labeled them the:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Criticism of administrative agencies includes that they:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In 1995,Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes.

Correct AnswerverifiedShow Answer

Agencies must submit newly adopted rules to Congress,and a major rule does not become final until Congress has the opportunity to disapprove it.

Correct AnswerverifiedShow Answer

Sophia would like to become an administrative law judge.How should she go about exploring this employment option?

Correct AnswerverifiedShow Answer

All agency decisions must include a statement of findings of fact and conclusions of law.

Correct AnswerverifiedShow Answer

Rulemaking powers of federal agencies are primarily governed by the:

Correct AnswerverifiedShow Answer

In reviewing an agency action,which of the following is included in the questions of law a court will consider?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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