question
Which of the following statements is true of administrative law judges?
answer
They use prior decisions or precedent
question
Which of the following statements is true of delegation of quasi-legislative authority to administrative agencies?
answer
The delegation of authority to an agency must provide that the agency's power to act is limited to areas that are certain.
question
The protection administrative law judges receive from liability for damages based on their decisions is called ______.
answer
Immunity
question
The administrative process can give rise to too much discretionary power, often unstructured, and unchecked. This is a criticism of the administrative process relating to ______.
answer
Procedures
question
Which of the following members of an agency requires Senate approval while being appointed?
answer
General Counsel
question
Which of the following is a criticism of the administrative process relating specifically to procedures?
answer
The rules and regulations of the procedures are written in complex legal language, which laypeople cannot understand.
question
Which of the following statements is true of the functionality of agencies providing services?
answer
Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits.
question
Administrative agencies often provide needed continuity and consistency in the formulation, application, and enforcement of rules and regulations governing business. By doing so, these agencies are providing ______.
answer
Expertise
question
Which of the following type of regulatory authority issues rules that have the impact of laws?
answer
Quasi-legislative
question
Which of the following statements is true of the review of rule-making?
answer
Before a court can find a proposal void, an administrative agency must propose rules within the confines of its grant of power from the legislature.
question
The ______ power of administrative agencies is primarily to decide on controversies.
answer
Judicial
question
Which of the following doctrines applies when a claim is originally filed in the courts?
answer
Primary Jurisdiction
question
Which of the following statements is true of a secretary in an administrative agency?
answer
A secretary is responsible for the minutes of agency meetings and is legal custodian of its records.
question
The ______ function of an administrative agency may be accomplished by making reports to the president or to Congress.
answer
Advisory
question
Which of the following is true of the Environmental Protection Agency (EPA)?
answer
It administers all laws relating to water pollution, air pollution, solid wastes, pesticides, and toxic substances.
question
Which of the following federal agencies protects the public from anticompetitive behavior and unfair and deceptive business practices?
answer
the Federal Trade Commission (FTC)
question
Which of the following functions allows an agency to gather and compile information concerning the organization and business practices of any corporation or industry engaged in commerce to determine whether there has been a violation of any law?
answer
Investigating
question
A(n) ______ is designated as such at the time of nomination by the president and is the presiding officer at agency meetings.
answer
Chairperson
question
Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority?
answer
Enforcement of some laws varies over time.
question
The ______ power of administrative agencies is primarily to investigate, prosecute, advise, and supervise.
answer
Executive
question
Which of the following statements is true of the legislature in influencing decisions in an administrative agency?
answer
It has the power to limit appropriation of funds to the agency.
question
Which of the following statements is true of the judicial review of administrative agency's adjudications?
answer
Administrative agencies develop their own rules of procedure unless mandated otherwise by an act of the legislature.
question
Which of the following is an issue of administrative agencies that relates to personnel?
answer
The administrative process finds it difficult to discharge unsatisfactory employees.
question
Administrative law judges are...?
answer
organizationally separate from the rest of the agency.
question
Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations?
answer
Cease and Desist Order
question
Which of the following is true about an advisory council?
answer
It provides for interaction between regulators and those being regulated.
question
Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to...?
answer
protect the public, especially from the business community.
question
When administrative agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law, they are ______.
answer
Rule Making
question
The ______ function of an administrative agency involves both fact-finding and applying law to the facts.
answer
Adjudicating
question
The ______ is the chief law officer and legal adviser.
answer
General Counsel
question
Which of the following statements is true of primary jurisdiction?
answer
It ensures uniformity and consistency in dealing with matters entrusted to an administrative body.
question
Which of the following statements is true of the executive director in an administrative agency?
answer
The executive director is the chief operating official of an agency and supervises usual administrative functions.
question
Which of the following statements is true of organization of agencies?
answer
Appointees may be removed by the president for neglect of duty and inefficiency.
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