Question 1

After investigating a violation, an administrative agency must always use formal procedures to resolve the matter.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company wants to appeal the decision.Which of the following is correct regarding the appeal of the case?

Accepted Answer

A)  The FTC may decide the case de novo.
B)  There is no appeal from the decision of the ALJ.
C)  The governing body of the agency will decide the case by having a jury trial.
D)  The appeal will go directly to the federal district court, which will strictly apply the common law rules of evidence.E) A) and B)
F) None of the above

Question 4

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

Question 5

The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy- making process prior to the publication of notice of a proposed agency rule is the:

Accepted Answer

A)  Negotiated Rulemaking Act.
B)  Administrative Procedure Act.
C)  Administrative Dispute Resolution Act.
D)  Government in the Sunshine Act.E) A) and B)
F) B) and C)

Question 6

A statute may preclude judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

If a decision of an ALJ is appealed, the governing body of the agency may decide the case de novo.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is an administrative agency?

Accepted Answer

A)  The EPA
B)  The FTC
C)  The SEC
D)  All of these are administrative agencies.E) B) and C)
F) A) and D)

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

An administrative agency is created when Congress enacts an enabling statute that delegates to the agency the power to issue rules, regulations, and guidelines to carry out its statutory mandate.

Accepted Answer

A) True 
 B)False

Question 12

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 13

Administrative agencies perform what basic function?

Accepted Answer

A)  Rulemaking
B)  Law enforcement
C)  Adjudication
D)  All of these are functions of administrative agencies.E) B) and C)
F) None of the above

Question 14

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

Accepted Answer

A)  They are appointed by the president with the approval of the Senate.
B)  They may be removed only for good cause.
C)  The administrative law judge cannot impose sanctions in her orders.
D)  There are more than twice as many federal judges as there are administrative law judges.E) A) and D)
F) C) and D)

Question 15

Administrative hearings are held before a jury, just as are court hearings.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

What standard does a court use in reviewing the factual determinations of an administrative agency?

Accepted Answer

A)  Whether the adjudication was arbitrary and capricious.
B)  Whether the conclusions reached are supported by substantial evidence.
C)  Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided.
D)  Any one of these, depending on the particular situation.E) B) and C)
F) A) and D)

Question 18

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) A) and C)

Question 19

Federal administrative agencies are charged with all but which of the following?

Accepted Answer

A)  National security
B)  Labor relations
C)  Securities markets
D)  All of these are regulated by federal administrative agencies.E) C) and D)
F) B) and D)

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 5: Administrative Law

Which of the following is an administrative agency?

Correct AnswerverifiedShow Answer

A statute may preclude judicial review of an agency action.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

After investigating a violation, an administrative agency must always use formal procedures to resolve the matter.

Correct AnswerverifiedShow Answer

An administrative agency is created when Congress enacts an enabling statute that delegates to the agency the power to issue rules, regulations, and guidelines to carry out its statutory mandate.

Correct AnswerverifiedShow Answer

The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy- making process prior to the publication of notice of a proposed agency rule is the:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Federal administrative agencies are charged with all but which of the following?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company wants to appeal the decision.Which of the following is correct regarding the appeal of the case?

Correct AnswerverifiedShow Answer

Administrative hearings are held before a jury, just as are court hearings.

Correct AnswerverifiedShow Answer

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

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

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

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

What standard does a court use in reviewing the factual determinations of an administrative agency?

Correct AnswerverifiedShow Answer

Administrative agencies perform what basic function?

Correct AnswerverifiedShow Answer

The Privacy Act:

Correct AnswerverifiedShow Answer

If a decision of an ALJ is appealed, the governing body of the agency may decide the case de novo.

Correct AnswerverifiedShow Answer

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Administrative agencies are governmental...
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