question
Admin law consists of both substantive and procedural rules
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true
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Admin agencies are located at the state level only
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false
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Admin agencies are created by the judicial branch to carry out specific duties
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false
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Admin agencies have legislative and judicial but not executive powers
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false
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Admin agencies typically act slower than congress in creating and enacting new laws
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false
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There is a right of appeal from a decision of an admin law judge
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true
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There is a right to a jury trial in admin agency disputes
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false
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An administrative law judge's decision may not be directly appealed to a court
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true
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The first step in formal rule making is publication in the federal register if a notice of proposed rule making by the agency
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true
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The two most common types of admin agency rule making are conditional and unconditional
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false
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Independent admin agencies, often called commissions, tend to have responsibility for making rules covering a broad spectrum of industries and activities
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false
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The us senate must approve presidential nominees for them to become the admin head agencies
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true
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Independent agencies have a tendency to focus more on social regulation, whereas executive agencies are more focused on economic regulation
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false
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The environmental protection agency is an example of a hybrid admin agency
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true
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the small business administration is an example of an executive agency
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true
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the administrative agency recorder is the official daily publication for admin agencies
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false
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the primary type of rule making used by admin agencies is informal rule making
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true
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the us congress has the power to create, but not dissolve, an admin agency
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false
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the gov in sunshine act requires agency business meetings to be open to the public even if the agency is headed by a non-collegiate body, and the open meeting requirement applies even when a quorum is not present
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false
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Under the Privacy Act a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.
answer
true
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administrative law consists of both substantive and _____ law
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procedural
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What type of law is created by admin agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making
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administrative law
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which type of agency is generally defined as any body created by the legislative branch to carry out specific duties
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an administrative agency
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What types of powers do admin agencies have
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legislative, judicial, executive
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Which of the following was the first federal admin agency
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interstate commerce commission
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The us congress created the interstate commerce commission because it felt that a regulatory body could best control the anticompetitive conduct of what industry
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railroad industry
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____ legislation is a statue that specifies the name, functions, and specific powers of an admin agency
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enabling
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today admin agencies
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create more rules than congress and courts combined
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Which of the following rules of an agency that are policy expressions having the effect of law?
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legislative
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Which of the following are rules that explain how the agency views the meaning of the statues for which the agency has admin responsibility
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interpretive
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the issuance of a ___ is an example of an admin agency's investigative powers
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subpoena
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A ____ is an order to appear and bring specified docs
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subpoena duces tecum
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What do the initials ALJ represent in the context of admin agencies and admin law
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administrative law judge
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a binding decision issued by an ALJ is known as
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an order
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how many people sit on a jury for an admin hearing
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none
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What usually happens to decisions of admin law judges that are appealed to the federal court system
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the decisions are usually upheld
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An admin law judge's decision may be directly appealed to
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the full commission or head of an agency
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two classifications of agencies are
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executive and independent
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Executive agencies are referred to as which of following
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cabinet level agencies
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which of the following statements is incorrect regarding executive agencies at the federal level
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the admin head of an exec agency is appointed by the president with advice and consent of the HOR
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Which of the following is a federal independent agency
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the commodity futures trading commission
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Which of the following is a federal executive agency
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the national science foundation
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which of the following is a false statement regarding federal independent agencies
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the US president may remove commissioners of federal independent agencies without cause
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Executive agencies tend to focus on ____ regulation, whereas independent agencies are more focused on _____
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social and economic
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Agencies that have characteristics of Both executive and independent agencies are known as ___ agencies
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hybrid
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The Environmental protection agency is an example of a ___ agency
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hybrid
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Which of the following are the types of rule making done by agencies
answer
formal, informal, hybrid
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Informal rule making is also know as ___ rule making
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notice-and-comment
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In informal rule making, the date on which a rule becomes effective must be at least ____ days after publication of the final rule in the Federal Register
answer
30
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the ___ requires formal rule making when an enabling statue 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 transcriptive
answer
admin procedures act
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Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule making or enforcement activities
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policy statements
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Under which of the following does each concerned interest group and the agency send representatives to bargaining sessions led by a mediator with any agreement forwarded to the agency
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reg-neg
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Which of the following is involved when an agency is referred to as a captured agency
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a belief that agency officials are unduly influenced by past ties to the industry regulated by the agency
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Which of the following are activities in which agencies may be involved
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conducting research, issuing permits, and managing property
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how many days if any dos the US congress have to review proposed agency rules
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60
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___ has control over the budgets of all agencies
answer
US congress
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____ has the power to create a federal agency
answer
US congress
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an ___ rule is a rule that doesn't create any new rights or duties but is merely a detailed statement of an admin's agency interpretation of an existing law
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interpretive
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Which of the following was the court ruling in Yan ju Wang v George Valverde
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the court rules that the agency lacked statutory authority to revoke the plaintiff's noncommercial driver's license
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In order to be upheld in court, an agency's fact finding must be supported by which of the following
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substantial evidence
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Which of the following is an incorrect statement regarding the freedom of information act
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Information regarding the agency's personnel records may be obtained under FOIA
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Under the privacy act, an individual may have the right to
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see and amend federal agency record, as well as sue the gov for privacy act violations
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Which law requires that an agency business meeting be open to the pubic if a collegiate body heads the agency
answer
the government in sunshine act
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To which of the FOIA not apply
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It doe not apply to the US congress ,the federal courts, or to the executive staff of the White House
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According to the United Nations, which of the following is true regarding e-gov, meaning the delivery of gov services through digital info technologies including the internet
answer
It is important because it reduces the cost of the government while improving the quality of services and citizen access