Question 1

The Government in the Sunshine Act covers all but which of the following agencies?

Accepted Answer

A)   Consumer Product Safety Commission.
B)   Commodity Futures Trading Commission.
C)   Environmental Protection Agency.
D)   Securities and Exchange Commission.E) A) and B)
F) None of the above

Question 2

A minor agency rule:

Accepted Answer

A)   if disapproved by Congress, must be resubmitted to both houses of Congress.
B)   if disapproved by Congress, must be revised according to Congressional guidelines.
C)   if disapproved by Congress, has no chance of approval by the President.
D)   takes effect but, if after being submitted to Congress it is disapproved, it is treated as though it had never taken effect.E) A) and B)
F) A) and C)

Question 3

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) All of the above
F) None of the above

Question 4

In reviewing an agency action, which of the following is NOT included in the questions of law a court will consider?

Accepted Answer

A)   Whether any constitutional provisions were violated by the agency action.
B)   Whether the agency acted contrary to the procedural requirements of the law.
C)   Whether the state courts have nullified the agency's power.
D)   Whether the agency exceeded its authority.E) B) and C)
F) A) and D)

Question 5

Administrative agencies sometimes function as judicial bodies.

Accepted Answer

A) True 
 B)False

Question 6

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)   Whether the agency properly interpreted the applicable law.
B)   Whether the conclusions reached are supported by substantial evidence.
C)   Whether the agency acted contrary to procedural requirements of the law.
D)   Whether the state law was clear in setting up the agency powers.E) A) and B)
F) A) and C)

Question 8

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Accepted Answer

A) True 
 B)False

Question 9

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

Question 10

The SEC would like to adopt some new rules to protect investors. What factors should it consider as part of the administrative process?

Accepted Answer

Administrative rules can be legislative,...

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

The scope of administrative law has expanded greatly in the last fifty years.

Accepted Answer

A) True 
 B)False

Question 13

A statute may preclude judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 14

The Congressional Review Act (CRA) requires agencies to submit newly adopted rules to each house of Congress before they can take effect.

Accepted Answer

A) True 
 B)False

Question 15

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 16

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A)   SEC.
B)   APA.
C)   FCC.
D)   NHTSA.E) A) and B)
F) All of the above

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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 standard in reviewing factual determinations?

Accepted Answer

A)   The unwarranted by the facts standard.
B)   The substantial evidence standard.
C)   The arbitrary and capricious standard.
D)   The beyond a reasonable doubt standard.E) C) and D)
F) A) and B)

Question 19

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules. This is:

Accepted Answer

A)   a formal rulemaking process.
B)   an informal rulemaking process.
C)   a hybrid rulemaking process.
D)   an unconstitutional rulemaking process.E) C) and D)
F) B) and D)

Question 20

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

An agency may use informal or formal met...

Exam 5: Administrative Law

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

Correct AnswerverifiedShow Answer

The Congressional Review Act (CRA) requires agencies to submit newly adopted rules to each house of Congress before they can take effect.

Correct AnswerverifiedShow Answer

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

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 standard in reviewing factual determinations?

Correct AnswerverifiedShow Answer

Administrative agencies sometimes function as judicial bodies.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

Correct AnswerverifiedShow Answer

The Government in the Sunshine Act covers all but which of the following agencies?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedAn agency may use informal or formal met...View AnswerShow Answer

A statute may preclude judicial review of an agency action.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In reviewing an agency action, which of the following is NOT included in the questions of law a court will consider?

Correct AnswerverifiedShow Answer

A minor agency rule:

Correct AnswerverifiedShow Answer

The scope of administrative law has expanded greatly in the last fifty years.

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

Rulemaking powers of federal agencies are primarily governed by the:

Correct AnswerverifiedShow Answer

The SEC would like to adopt some new rules to protect investors. What factors should it consider as part of the administrative process?

Correct AnswerverifiedAdministrative rules can be legislative,...View AnswerShow Answer

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules. This is:

Correct AnswerverifiedShow Answer

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Correct Answer
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Correct Answer
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An agency may use informal or formal met...
View 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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Correct Answer
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Correct Answer
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Correct Answer
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Administrative rules can be legislative,...
View Answer

Correct Answer
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