BUL5810 Chapter 5

In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does:

Administrative agencies exercise powers that have been allocated by __________ to the three separate branches of government

__________ are those issued by an agency having the ability, under a legislative delegation of power, to make rules having the force and effect of law

As part of executive function to investigate conduct, administrative agencies may compel the disclosure of information, except under which limitation?

By virtue of their power to __________, U.S. Presidents have significant control over the administrative agencies housed within the __________ branch.

Federal legislation permits administrative agencies to deny access to nine categories of records is the:

Much of federal, state, and local law in this country has been established by administrative agencies, which people label as the __________ because they possess tremendous power

Administrative law judges are appointed by the agency through a professional merit selection system and may be removed only:

Once __________, administrative rules are applicable to all parties

The legislature may exercise control of administrative agencies in various ways. Which is NOT a control maintained by the legislative branch?

Under the Government in the Sunshine Act, meetings of many federal agencies are required to be:

Congress has enacted a protection statute to prohibit the unauthorized disclosure of federal agency records pertaining to an individual. This statute is:

The Food and Drug Administration (FDA) would like to adopt some new rules regarding vitamins and supplements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions?

An agency may be required to conduct a legislative-type hearing (formal) that permits no cross-examination (informal) in accordance with which of the following?

An administrative law judge for the Environmental Protection Agency decides a case against a manufacturer. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

The Environmental Protection Agency suspects Jimmy Jameson of dumping unlawful chemicals into a stream on his company's property. The EPA has obtained evidence, claimed to be proof of unlawful activity, by way of aerial photography. In carrying out these investigations:

Austin sustained an injury to his knee. Austin claimed the injury was suffered at work and filed a claim for workers' compensation benefits. The employer opposed this claim, saying the injury, if real, was the result of a congenital condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Austin. Austin became disgusted with the hearing officer and the proceedings because Austin felt that the hearing officer did not like him and wants to go directly to court because he feels that an agency appeal would be useless. Can he file the matter in federal court directly?

The Agency for Military Intervention in the Western Hemisphere (AMIWH) is an administrative agency charged with overseeing U.S. military operations in the Western Hemisphere. If The National News, a nationally-published newspaper, seeks to request information a pursuant to the Freedom of Information Act (FOIA) from the AMIWH about military operations in Nicaragua, and AMIWH successfully resists turning over such information to The National News, what would the winning argument for resisting the records sought?

The Environmental Protection Agency (EPA) denied a permit granting Final Frontier Technologies, Inc., a space exploration company, the right to build a rocket-launching facility on a beach in South Texas. Shortly after appealing the EPA's decision through the agency's administrative remedies, Final Frontier filed suit against the EPA in federal district court. If the EPA files a motion to dismiss Final Frontier's lawsuit, will it be successful?

Newly-elected United States President Sheryl Davidson does not agree politically or personally with the current chair of the Federal Communications Commission (FCC) and wants her former journalism professor, William Gonzalez, to lead the FCC instead. What can President Davidson do to make a change at the FCC?

The Mayo Foundation for Medical Education and Research v. United States case involved the medical student residency program at the Mayo Clinic. The issue in the case involved:

What did the Supreme Court hold in Perez v. Mortgage Bankers Association?

In the matter of Sackett v. Environmental Protection Agency, the main issue in this case was:

The Supreme Court of the U.S. heard FCC v. Fox Television Stations, Inc. In the Court's 2009 ruling what issue did they consider?

As articulated in FCC v. Fox Television Stations, Inc., what standard do the courts review a substantive executive agency action?