Question 1

Federal Agencies are created by:

Accepted Answer

Enabling legislation passed by Congress

Question 2

Two basic types of administrative agencies

Accepted Answer

Independent Regulatory Agencies
Executive Agencies

Question 3

Delegation Doctrine

Accepted Answer

A doctrine based on Article I, Section 8, of the Constitution. Constructed to allow Congress to delegate some of its power to make and implement laws to administrative agencies

Question 4

Legislative rules

Accepted Answer

Administrative agency rules that affect substantive legal rights and carry the same weight as congressionally enacted statues.

Question 5

Interpretive rules

Accepted Answer

Administrative agency rules that simply declare policies or explain the agency's positions and do not establish any legal rights or obligations

Question 6

Bureaucracy

Accepted Answer

A large organization that is structured hierarchically to carry out specific functions

Question 7

The main difference between independent regulatory agencies and executive agencies is that:

Accepted Answer

executive agencies are subject to the authority of the president to a greater degree that are independent regulatory agencies

Question 8

Executive agencies are sometimes referred to as the:

Accepted Answer

fourth branch of government

Question 9

Another way to describe the legislative rules that agencies create is that they are:

Accepted Answer

substantive rules

Question 10

The delegation doctrine holds that Congress may delegate some of its _________ by establishing administrative agencies

Accepted Answer

powers

Question 11

The president has the power to ________ federal officers and also the power to veto enabling legislation

Accepted Answer

appoint

Question 12

Congress can _______ an agency all together if it wishes

Accepted Answer

abolish

Question 13

Congress has the power to "freeze" the enforcement of most federal _____ before they take effect

Accepted Answer

regulations

Question 14

The judicial branch exercises _____ over agency powers through the courts' review of agency actions

Accepted Answer

control

Question 15

Courts generally hold that Article I of the Constitution is the _____ for all administrative law

Accepted Answer

basis

Question 16

The law that specifies the procedural requirements that all federal agencies must follow in their rule-making, adjudication, and other functions is the:

Accepted Answer

Administrative Procedure Act

Question 17

The Arbitrary and Capricious Standard:

Accepted Answer

Failed to provide a rational explanation for its decision,
Changed its contrary policy without justification,
Considered legally inappropriate factors,
Entirely failed to consider a prior fact,
Rendered a decision plainly relevant to the evidence

Question 18

The agencies' three powers:

Accepted Answer

rule-making, enforcement, adjudication

Question 19

Rule-making

Accepted Answer

The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. Rule-making involves notifying the public of a proposed rule or change and receiving and considering the public's comments

Question 20

Notice-and-comment rule-making

Accepted Answer

An administrative rule-making procedure that involves the publication of a notice of a proposed rule-making in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register

Question 21

The major function of today's federal agencies is adjudication

Accepted Answer

False

Question 22

When an agency formally creates a new rule, the first step is to:

Accepted Answer

publish a notice of the proposed rule-making proceeding in the Federal Register

Question 23

The three basic steps involved in notice-and-comment rule-making

Accepted Answer

...

Question 24

Does an agency involved in rule-making need to respond to all comment during the comment period?

Accepted Answer

No, the agency only must respond to any significant comments that bear directly on the proposed rule

Question 25

What happens when substantial changes occur to a proposed rule because of public comments?

Accepted Answer

A new proposal and a new opportunity for comments are required

Question 26

If an agency failed to follow proper rule-making procedures when it issued the final rule, the rule may not be binding:

Accepted Answer

True

Question 27

To determine whether an agency is abusing its discretion in pursuing information, a court may consider such factors:

Accepted Answer

The purpose of the investigation, the relevance of the information being sought, the specific demand for testimony/ documents, the burden of the demand on the party from whom the information is being sought

Question 28

The EPA wants to ensure that an Oil Company is in compliance with federal environmental rules regarding cleanup of oil and gasoline spills. In order to do is, it:

Accepted Answer

can conduct an on-site inspection

Question 29

The FDA is investigation a Cosmetic company for possible violations of purity regulations. The FDA wants the lead chemist to testify at an administrative hearing. If the chemist refuses, the the FDA must:

Accepted Answer

issue a subpoena ad testificandum

or issue an ordinary subpoena

Question 30

Agencies can conduct warrantless searches in the following situations:

Accepted Answer

Searches in certain highly regulated industries, when a statute permits warrantless searches of certain types of hazardous operations such as coal mines, when there is an emergency situation

Question 31

One important difference between formal litigation in a court and an administrative hearing before an administrative law judge (ALJ) is that:

Accepted Answer

An administrative hearing can admit hearsay as evidence

Much more information can be admitted as evidence in a hearing.

Question 32

Following a hearing, an administrative law judge (ALJ) first issues a:

Accepted Answer

initial order

Question 33

When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator

Accepted Answer

True

Question 34

What happens when no party appeals an adjudication?

Accepted Answer

The ALJ's decision becomes the final order of the agency

Question 35

Private communications between the AJL and any party to the agency proceedings are known as ___________ communications

Accepted Answer

ex parte

Question 36

Adjudication

Accepted Answer

The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker

Question 37

Initial order

Accepted Answer

In the context of administrative law, an agency's disposition in a matter other than rule-making. And administrative law judge's initial order becomes final unless it is appealed

Question 38

Final order

Accepted Answer

The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency

Question 39

Administrative Law Judge

Accepted Answer

One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

Question 40

Charges that an individual or firm has violated an administrative rule are first brought before:

Accepted Answer

An administrative law judge

Question 41

Courts historically have granted deference to an admin. agency's

Accepted Answer

judgment

Question 42

Such deference seems appropriate when applied to an agency's analysis of __________ questions

Accepted Answer

factual

Question 43

In the Chevron case, the US Supreme Court created a standard of broadened deference to agencies on questions of legal :

Accepted Answer

interpretation

Question 44

The court's decision in the Chevron case created a new standard for courts to use when _____________ agency interpretations of law

Accepted Answer

reviewing

Question 45

The New Chevron Standard for Courts: when reviewing agency interpretations of law, address the following two questions:

Accepted Answer

Did Congress directly address the issue in dispute in the statute? If so, the statutory language prevails.

If the statue is silent or ambiguous, is the agency's interpretation 'reasonable'? If it is, a court should uphold the agency's interpretation even if the court would have interpreted the law differently

Question 46

The EPA conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings:

Accepted Answer

May be closed to the public

Question 47

The Freedom of Information Act exempts records pertaining to:

Accepted Answer

National Security

Question 48

Freedom of Information Act

Accepted Answer

Requires the government to disclose certain records to any person on request

Question 49

Government in Sunshine Act

Accepted Answer

The government's open meeting law

Question 50

Regulatory Flexibility Act

Accepted Answer

Requires the government to analyze regulations for less burdensome alternative is will impact small entities

Question 51

Small Business Regulatory Enforcement Fairness Act

Accepted Answer

Allows Congress to review new regulations for at least 60 days prior to taking effect

Question 52

The FDA has power to regulate companies:

Accepted Answer

under the delegation doctrine.

Question 53

It's the legislation that set up the FDA and gave it its power known as:

Accepted Answer

Enabling legislation

Congress passed enabling legislation that specified the same purpose, function, and powers being created to establish the agency

Question 54

If a company wanted to challenge an admin. agency's rules, it would have to show that the rules are:

Accepted Answer

arbitrary and capricious

Question 55

Administrative Procedures Act

Accepted Answer

Provides that courts should "hold unlawful and set aside" agency actions found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law"

Question 56

If a company was accused of violating one of an admin. agency's rules, the company's first formal hearing would be:

Accepted Answer

in front of an administrative law judge

Question 57

If the company was to be accused of violating one of the admin. agency's rules, it's true that:

Accepted Answer

under the exhaustion doctrine, a party must exhaust all administrative remedies and receive a final decision from the agency before such a party can appeal to the proper court.

If a party fails to exhaust all admin. remedies, any appeal will be dismissed

Question 58

Enabling Legislation

Accepted Answer

Securities Exchange Act of 1934, created S.E. Commission

Created an independent regulatory agency

Question 59

An admin. agency's actions would be considered arbitrary and capricious except for:

Accepted Answer

It failed to provide the required time for notice and comment

Question 60

Someone wants to obtain info. form the Securities and Exchange Commission regarding the number of active cases related to insider trading. To request, he would need to fill ____ with the SEC:

Accepted Answer

a Freedom of Information Act request

Question 61

When making rules, 1. _________ and the 2. _________ governs an agency's rule-making, enforcement, and adjudication processes

Accepted Answer

1. Congress
2. The Administrative Procedures Act

Question 62

The Administrative Procedures Act provides that a court __________ set aside agency actions found to be 1. _____, 2. ______, and 3. _______

Accepted Answer

Should
1. arbitrary
2. capricious
3. an abuse of discretion

Question 63

Adjudication

Accepted Answer

A proceeding in which an admin. law judge hears and decides issues that arise when an admin. agency charges a person/firm with an agency violation

Question 64

Most important investigative tools available to an agency are:

Accepted Answer

Inspections and tests, subpoenas

Chapter 19

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