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Administrative law consists of the collection of rules
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constitution;
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An administrative agency is any body created by the ________ branch to carry out specific duties
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legislative
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Administrative agencies have _________ powers
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legislative, judicial, and executive
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Which of the following was the first federal administrative agency?
answer
Interstate Commerce Commission
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Which of the following information is not included in enabling legislation, which is used by Congress to create an administrative agency?
answer
The duration of the administrative agency
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Which of the following is not included in the types of rules administrative agencies may enact?
answer
doctoral
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Administrative agency powers typically include the power to issue a ______
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subpoena
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Enabling statutes delegate _______ power to agencies to settle or adjudicate individual disputes that an agency may have with businesses or individuals
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judicial
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Which of the following is an accurate statement regarding a consent order?
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In a consent order, a company agrees to stop disrupted behavior but does not admit that it broke the law
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A(n) _______ is a binding decision rendered by a judge
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order
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Which of the following is a type of administrative agency?
answer
executive
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How does an individual become the head of an executive agency?
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through appointment by the U.S. president with the advice and consent of the U.S. Senate
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A(n) _______ administrative agency is governed by a board of directors
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independent
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Which of the following is not an example of an independent administrative agency?
answer
Federal Deposit Insurance Corporation
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Which of the following is an example of an executive administrative agency?
answer
General Services Administration
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Some administrative agencies do not fall clearly into executive or independent agency categories. These agencies are typically referred to as _____ agencies
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hybrid
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Which of the following is an example of a hybrid administrative agency?
answer
Environmental Protection Agency
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Which of the following is an example of an executive administrative agency?
answer
Federal Deposit Insurance Corporation
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Which of the following is an executive administrative agency?
answer
The National Science Foundation (NSF)
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Which of the following is an example of an executive administrative agency?
answer
General Services Administration (GSA)
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Informational limitations on administrative agency power include __________
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the Freedom of Information Act, the Government in Sunshine Act, and the Privacy Act of 1974
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The Administrative Procedures Act allows ______ rule making for proceedings regarding military or foreign affairs
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exempted
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Which of the following is a power possessed by administrative agencies?
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the power to issue a subpoena duces tecum
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The primary type of rule making that administrative agencies use is ____ rule making
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informal
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The basic limits on administrative agency power include all but which of the following?
-political
-judicial
-declaratory
-informational
-political
-judicial
-declaratory
-informational
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declaratory
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The ____ is federal legislation that mandates and facilitates public access to government information and records, including records about oneself
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Freedom of Information Act
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Which of the following statements is not true about the political limitations on administrative agency powers?
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Once a person becomes an administrative agency head, he or she cannot be fired
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Which of the following is not true about statutory limitations on administrative agency powers?
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Pursuant to the Tenth Amendment to the U.S. Constitution, statutory limitations on agency power must originate from state legislatures
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One of the judicial limitations of administrative agency powers is that facts must be supported by substantial evidence, which is
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more than a scintilla but less than a preponderance of evidence
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In terms of the open-meeting requirement of the Government in Sunshine Act, a(n) _____ consists of two or more persons, the majority of whom are appointed by the president with the advice and consent of the Senate
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collegiate body
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Which of the following rights are not guaranteed by the Privacy Act of 1974?
a) the right to sue the government for violations of the statute
b) the right to amend a nonexempt record if it is inaccurate
c) the right to be secure in one's own house(s)
d) the right to see records about oneself, subject to the Privacy Act's exemptions
a) the right to sue the government for violations of the statute
b) the right to amend a nonexempt record if it is inaccurate
c) the right to be secure in one's own house(s)
d) the right to see records about oneself, subject to the Privacy Act's exemptions
answer
the right to be secure in one's own house
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Which of the following records is an exemption to the Privacy Act of 1974?
answer
records regarding criminal investigations
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The basic limits on administrative agency power include all but which of the following?
a) collaborative
b) statutory
c) political
d) judicial
a) collaborative
b) statutory
c) political
d) judicial
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collaborative
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The ______ is a federal legislation passed that limits how administrative agencies are run and contains very specific guidelines on rule making by agencies
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Administrative Procedures Act
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Identify the types of rule making used by administrative agencies
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informal, formal, and hybrid
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An administrative agency initiates _____ rule making by publishing a proposed rule in the Federal Register
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informal
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Which of the following does the Administrative Procedures Act require when an enabling statute mandates all regulations or rules to be enacted by an administrative agency as part of a formal hearing process?
answer
formal rule making
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______ rule making is an attempt to combine the best features of both formal and informal rule making
answer
hybrid
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_____ rules are generally very detailed, step-by-step statements of what actions a party is to take to be considered in compliance with an existing law
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interpretive
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______ are general comments about the directions in which an administrative agency intends to proceed with respect to its rule-making or enforcement activities
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policy statements
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What type of dispute resolution is used in reg-neg?
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mediated bargaining sessions
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A(n) ______ agency refers to a situation where biased agency employees refuse to ignore their past ties to industry and fail to pass regulations that would be in the public interest
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captured
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Which of the following U.S. presidents issued the "Executive Order on Ethics Commitments by Executive Branch Personnel"?
answer
Barack Obama
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Which of the following is not a task performed by administrative agencies in addition to rule making?
answer
gerrymandering
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The _____ Act requires administrative agency business meetings to be open to the public if the agency is headed by a collegiate body
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Government in Sunshine
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The Administrative Procedures Act requires _____ rule making when an enabling statute or other legislation mandates all regulations or rules to be enacted by an agency as part of a formal hearing process that includes a complete transcript
answer
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