question
The commissions, bureaus, organizations, and boards that make up the governmental bureaucracy are known as .
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administrative agencies
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True or false: The mere existence of most government programs automatically restricts the creation of new administrative agencies or limits the functions of the existing agencies.
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This is false. Many administrative agencies arise simply out of necessity. The mere existence of most government programs automatically creates a new agency or expands the functions of an existing one.
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U.S. administrative agencies exercise their quasi-legislative power by _____.
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issuing rules and regulations that have the force and effect of law
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A type of administrative agency action that requires a violator to stop an objectionable activity and refrain from any further similar violations is known as a(n) order.
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cease and desist
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In the context of the settlement of a lawsuit, identify the true statements about a consent order. (Check all that apply.)
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There is an agreement not to engage in the activities that were the subject of the complaint.
There is no admission that the accused has been guilty of a violation of the law.
There is no admission that the accused has been guilty of a violation of the law.
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Why were the administrative agencies created? (Check all that apply.)
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To provide expertise.
To protect the public, especially from the business community.
To impart specificity.
To protect the public, especially from the business community.
To impart specificity.
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Identify a rule-making function of U.S. administrative agencies.
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Issuing guidelines to supplement rules
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Identify the examples that illustrate the advisory functions of an administrative agency. (Check all that apply.)
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The agency reports information to the general public that should be known in the public interest.
The agency proposes new legislation to Congress.
The agency proposes new legislation to Congress.
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True or false: Violations of a cease and desist order are not punishable by fines.
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This is false. Violations of a cease and desist order are punishable by fines, which can be as much as $10,000 per day.
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Owing to the investigative power of administrative agencies, they can _____.
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gather information concerning the business practices of any corporation engaged in commerce
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The issuance of a(n) requires that an organization or individual accused of a violation admit to the jurisdiction of the adjudicating agency and waive all rights to seek a judicial review.
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consent order
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Identify a true statement about a U.S. administrative agency.
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Appointments at the federal level require Senate confirmation.
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Identify a responsibility of the chairperson of a U.S. administrative agency.
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To appoint staff
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Who is responsible for the publication of all actions of a U.S. administrative agency in the Federal Register?
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The secretary
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Identify a true statement about the advisory opinions of an administrative agency.
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They give a business an indication of the view the agency would take if the practice in question is formally challenged.
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The investigative power of an administrative agency includes _____.
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determining whether there has been a violation of any law
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True or false: Administrative agencies, boards, or commissions usually consist of five to seven members, one of whom is appointed as chair.
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This is true. Administrative agencies, boards, or commissions usually consist of five to seven members, one of whom is appointed as chair. Laws creating the regulatory body usually specify that no more than a simple majority of the members (three of the five or four of the seven) may belong to the same political party.
question
Identify the responsibilities of the general counsel of a U.S. administrative agency. (Check all that apply.)
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He or she often makes the decision to file suit or pursue other remedies.
He or she represents the administrative agency in court.
He or she represents the administrative agency in court.
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The presiding officer at the meetings of a U.S. administrative agency is the _____.
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chairperson
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What are the responsibilities of the secretary of a U.S. administrative agency? (Check all that apply.)
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He or she coordinates the activities of the agency with others involved in the regulatory process.
He or she acts as the legal custodian of the agency's records.
He or she usually signs orders and official correspondence.
He or she acts as the legal custodian of the agency's records.
He or she usually signs orders and official correspondence.
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Persons who serve as the advisory councils of a U.S. administrative agency are _____.
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usually selected because of their expertise
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The general counsel of a U.S. administrative agency is _____.
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often as powerful as a commissioner or board member
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The role of the executive director for administration of a U.S. administrative agency is to _____.
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supervise usual administrative functions such as accounting, budgeting, and personnel
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The role of the regional offices of U.S. administrative agencies is to _____.
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investigate alleged violations of the law
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The secretary of a U.S. administrative agency is an individual who is _____.
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responsible for the minutes of agency meetings
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True or false: The best means of influencing a quasi-legislative decision of an administrative agency is to keep away from the adoption process.
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This is false. The best means of influencing a quasi-legislative decision of an administrative agency is to participate in the adoption process.
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A feature of the advisory councils of a U.S. administrative agency is that _____.
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they are interested in the agency's mission
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In the context of government control over administrative processes, a feature of the executive branch of government is that _____.
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it makes budget recommendations to the legislature
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In a U.S. administrative agency, the executive director for administration is the _____.
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chief operating official of the agency
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Identify the true statements about ways in which the legislature can control the administrative process. (Check all that apply.)
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It can control and review administrative activity by abolishing an administrative agency.
It can enact specific legislation contrary to rules adopted by an administrative agency.
It can provide additional procedural requirements for an administrative agency's adjudications.
It can enact specific legislation contrary to rules adopted by an administrative agency.
It can provide additional procedural requirements for an administrative agency's adjudications.
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The regional offices of a U.S. administrative agency usually have a(n) _____ function.
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educational
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In the context of standing to sue, the Federal Administrative Procedure Act provides for judicial review except where _____.
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an agency action is committed to agency discretion by law
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The protection provided to administrative law judges from liability for damages based on their decisions is known as _____.
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immunity
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Identify a true statement about the factors that influence the decisions of administrative agencies.
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Interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule at public hearings.
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In the context of government control over administrative processes, the executive branch has _____.
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veto power over the statutes of the legislature
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In the context of the control that the legislature exercises over the administrative process, which of the following is true of the legislature?
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It can limit appropriations of funds to an administrative agency.
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Standing to sue must be proved if _____.
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a party seeks the judicial review of any administrative agency's decision
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In the context of the functions of the quasi-judicial staff of a U.S. administrative agency, the role of an administrative law judge is to _____.
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perform the adjudicative fact-finding function
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The delegation of quasi-legislative authority to administrative agencies must be definite, which means that _____.
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the delegation must be set forth with sufficient clarity
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In the context of factors influencing administrative agency decisions, due process of law requires that _____.
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interested parties be given notice of the proposed rule before it may be adopted by an agency
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Identify the true statements about the quasi-legislative authority delegated to administrative agencies. (Check all that apply.)
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The delegation of substantial discretion is given to the agency and not to the judiciary.
The use of broad standards ensures that the authority delegated to an agency has limitations.
The use of broad standards ensures that the authority delegated to an agency has limitations.
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In the context of government control over an administrative process, the role of the executive branch of government is to _____.
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appoint the top officials of an agency with the advice and consent of the legislative branch
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A feature of U.S. administrative agencies is that they _____.
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develop their own rules of procedure unless mandated otherwise by an act of the legislature
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A person has standing to sue if he or she _____.
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suffers economic loss due to an agency's action
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In the context of the delegation of quasi-legislative authority to administrative agencies, arbitrary administrative action and administrative abuse of discretionary power are controlled by _____.
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the existence of procedural safeguards
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True or false: The general language used in delegating quasi-legislative authority usually involves grants of substantial discretion to an agency.
answer
This is true. The general language used in delegating quasi-legislative authority usually involves grants of substantial discretion to an agency. It must be kept in mind that this delegation of discretion is to the agency and not to the judiciary, which means that courts cannot interfere with the discretion given to the agency.
question
One of the functions of the administrative process is to decide issues expeditiously. To proceed expeditiously usually means that administrative agencies _____.
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are free from the strict rules of evidence used by courts
question
In the context of the doctrine of exhaustion of remedies, identify the situations when courts would generally refuse to review administrative actions. (Check all that apply.)
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When the administrative remedy is just as likely as the judicial one to provide appropriate relief.
When an area of an administrative agency's specialization or expertise is involved.
When an area of an administrative agency's specialization or expertise is involved.
question
A doctrine similar to exhaustion of remedies is known as:
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primary jurisdiction
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A feature of the doctrine of primary jurisdiction is that _____.
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it ensures uniformity and consistency in dealing with matters entrusted to an administrative body
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True or false: The doctrine of exhaustion of remedies permits the premature interruption of the administrative process and leads to unusual expenses.
answer
This is false. The doctrine of exhaustion of remedies avoids the premature interruption of the administrative process and unusual expenses. It allows an administrative agency to discover and correct its own errors, and thus helps to dispense with any reason for judicial review.
question
A court is reviewing the findings of fact made by an administrative agency by analyzing a record of the agency's proceedings. If substantial evidence in support of the agency's decision is present, the court will _____.
answer
not disturb the agency's findings
question
Identify the attributes of the doctrine of primary jurisdiction. (Check all that apply.)
answer
It is invoked when referral to an agency is preferable because of its expertise in dealing with the matter in controversy.
It is applicable when enforcement of a claim requires the resolution of issues that have been placed before an administrative body.
It is applicable when enforcement of a claim requires the resolution of issues that have been placed before an administrative body.
question
Identify the true statements about regulation. (Check all that apply.)
answer
It adds to the cost of doing business.
It tends to protect cozy competition.
It is a form of taxation.
It tends to protect cozy competition.
It is a form of taxation.
question
When reviewing the findings of fact made by an administrative agency, a court upholds the agency's findings and conclusions if they are supported by substantial evidence in the record. Here, substantial evidence refers to _____.
answer
material evidence from which a reasonable person might reach the same conclusion as did the agency
question
What does a court do when it reviews the findings of fact made by an administrative body?
answer
It presumes them to be correct.
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