Question 1

What is an ultra vires act?

Accepted Answer

An ultra vires act i...

Question 2

Describe the roles of administrative agencies.

Accepted Answer

Provide due process ...

Question 3

Which of the following is not exempt from an FOIA request?

Accepted Answer

A)   national defense or foreign policy information
B)   internal agency policies on copy charges
C)   trade secrets
D)   investigation recordsE) All of the above
F) A) and D)

Question 4

Inspections are a means of enforcement for administrative agencies.

Accepted Answer

A) True 
 B)False

Question 5

John Forsyth is the head of the Securities Exchange Commission. There are new rules pending before the SEC that would require lawyers to blow the whistle on their clients. The American Bar Association, which is opposed to the legislation, has just offered Mr. Forsyth's son a full scholarship to the law school of his choice.

Accepted Answer

A)   The in-kind contribution to his son is a violation of the law.
B)   A scholarship to Mr. Forsyth would be illegal, but not to his son.
C)   The ABA has not violated any law if there is no connection between the proposed rule and the scholarship.
D)   none of the aboveE) C) and D)
F) A) and D)

Question 6

Only consumers have rights of comment during the public comment period.

Accepted Answer

A) True 
 B)False

Question 7

Name the three government publications covered under the Federal Register Act.

Accepted Answer

The Federal Register...

Question 8

The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed.

Accepted Answer

A) True 
 B)False

Question 9

An administrative agency is neither a legislative nor a judicial body.

Accepted Answer

A) True 
 B)False

Question 10

The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency.

Accepted Answer

A) True 
 B)False

Question 11

Benzene is a colorless, aromatic liquid used in manufacturing a variety of products including motor fuels, solvents, detergents, pesticides, and other organic materials. Benzene is a toxic substance and rapid inhalation can be fatal. Exposure has also been shown to lead to various types of nonmalignant diseases such as blood disorders (including leukemia).
OSHA passed a regulation limiting maximum benzene exposure for employees. OSHA set a 1 ppm maximum, even though the medical evidence only discussed exposures at 10 ppm and more. The petroleum industry wishes to challenge the regulation. Can they do so? On what basis?

Accepted Answer

First, they can voice their concerns dur...

Question 12

Choose the answer with the correct order for administrative agency enforcement proceedings.

Accepted Answer

A)   charges, consent decree, hearing, appeal
B)   charges, information gathering, consent decree, fines
C)   charges, hearing, findings and decision, administrative agency decision, judicial appeal
D)   charges, hearing, findings and decision, judicial appeal
E)   charges, hearing, consent decree, judicial appealF) B) and D)
G) A) and C)

Question 13

Under a Freedom of Information Act request, a member of the public can obtain all information in the files of a federal agency.

Accepted Answer

A) True 
 B)False

Question 14

Notice of a proposed federal regulation in The Federal Register need not contain:

Accepted Answer

A)   the name of the proposing agency.
B)   the statutory authority for promulgating the rules.
C)   the environmental impact of the proposal.
D)   the language or the proposed rule or a summary.E) A) and D)
F) B) and C)

Question 15

The Federal Privacy Act:

Accepted Answer

A)   is the same as the Regulatory Flexibility Act.
B)   does not apply to medical and employment histories.
C)   is part of the Administrative Procedures Act.
D)   applies to all law enforcement information exchanges.E) B) and D)
F) None of the above

Question 16

Which of the following is not an example of an enabling act?

Accepted Answer

A)   Government in the Sunshine Act
B)   Securities Exchange Act of 1934
C)   Federal Trade Commission Act
D)   Occupational Safety and Health ActE) A) and B)
F) A) and C)

Question 17

Under the FOIA, agencies are not permitted to charge for copying costs.

Accepted Answer

A) True 
 B)False

Question 18

Under the federal sunshine laws, agency staff members may hold meetings without notice.

Accepted Answer

A) True 
 B)False

Question 19

What is the difference between formal rulemaking and informal rulemaking?

Accepted Answer

A)   Formal requires notice while the latter are simply immaterial changes to rules.
B)   Formal requires a public comment period and informal rulemaking does not.
C)   Formal requires public hearings and information does not.
D)   Formal requires Government in the Sunshine Notices and informal does not.
E)   none of the aboveF) D) and E)
G) A) and B)

Question 20

Choose the one with the correct ordering of rulemaking functions from among the following:

Accepted Answer

A)   enabling statute, comment period, studies of issues, promulgation
B)   enabling statute, studies of issues, promulgation, comment period
C)   enabling statute, studies of issues, comment period, promulgation
D)   None of the above is in correct order.E) A) and B)
F) B) and D)

Exam 6: Administrative Law

Correct Answer
verified
First, they can voice their concerns dur...
View Answer

Correct Answer
verified

Under a Freedom of Information Act request, a member of the public can obtain all information in the files of a federal agency.

Correct Answer
verified

What is an ultra vires act?

Correct Answer
verified
An ultra vires act i...
View Answer

The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency.

Correct Answer
verified

Only consumers have rights of comment during the public comment period.

Correct Answer
verified

The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed.

Correct Answer
verified

Name the three government publications covered under the Federal Register Act.

Correct Answer
verified
The Federal Register...
View Answer

Choose the one with the correct ordering of rulemaking functions from among the following:

Correct Answer
verified

What is the difference between formal rulemaking and informal rulemaking?

Correct Answer
verified

Notice of a proposed federal regulation in The Federal Register need not contain:

Correct Answer
verified

An administrative agency is neither a legislative nor a judicial body.

Correct Answer
verified

Which of the following is not an example of an enabling act?

Correct Answer
verified

Inspections are a means of enforcement for administrative agencies.

Correct Answer
verified

Which of the following is not exempt from an FOIA request?

Correct Answer
verified

Under the federal sunshine laws, agency staff members may hold meetings without notice.

Correct Answer
verified

Choose the answer with the correct order for administrative agency enforcement proceedings.

Correct Answer
verified

Under the FOIA, agencies are not permitted to charge for copying costs.

Correct Answer
verified

The Federal Privacy Act:

Correct Answer
verified

Describe the roles of administrative agencies.

Correct Answer
verified
Provide due process ...
View Answer

Exam 6: Administrative Law

Correct AnswerverifiedFirst, they can voice their concerns dur...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Under a Freedom of Information Act request, a member of the public can obtain all information in the files of a federal agency.

Correct AnswerverifiedShow Answer

What is an ultra vires act?

Correct AnswerverifiedAn ultra vires act i...View AnswerShow Answer

The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on the part of an agency.

Correct AnswerverifiedShow Answer

Only consumers have rights of comment during the public comment period.

Correct AnswerverifiedShow Answer

The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed.

Correct AnswerverifiedShow Answer

Name the three government publications covered under the Federal Register Act.

Correct AnswerverifiedThe Federal Register...View AnswerShow Answer

Choose the one with the correct ordering of rulemaking functions from among the following:

Correct AnswerverifiedShow Answer

What is the difference between formal rulemaking and informal rulemaking?

Correct AnswerverifiedShow Answer

Notice of a proposed federal regulation in The Federal Register need not contain:

Correct AnswerverifiedShow Answer

An administrative agency is neither a legislative nor a judicial body.

Correct AnswerverifiedShow Answer

Which of the following is not an example of an enabling act?

Correct AnswerverifiedShow Answer

Inspections are a means of enforcement for administrative agencies.

Correct AnswerverifiedShow Answer

Which of the following is not exempt from an FOIA request?

Correct AnswerverifiedShow Answer

Under the federal sunshine laws, agency staff members may hold meetings without notice.

Correct AnswerverifiedShow Answer

Choose the answer with the correct order for administrative agency enforcement proceedings.

Correct AnswerverifiedShow Answer

Under the FOIA, agencies are not permitted to charge for copying costs.

Correct AnswerverifiedShow Answer

The Federal Privacy Act:

Correct AnswerverifiedShow Answer

Describe the roles of administrative agencies.

Correct AnswerverifiedProvide due process ...View AnswerShow Answer

Correct Answer
verified
First, they can voice their concerns dur...
View Answer

Correct Answer
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Correct Answer
verified

Correct Answer
verified
An ultra vires act i...
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Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
verified
The Federal Register...
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
verified
Provide due process ...
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