question
Rulemaking
answer
Process by which an administrative agency promulgates rules of law
question
Legislative Rules
answer
Substantive rules issued by an administrative agency under the authority delegated to it by the legislature
question
Interpretive Rules
answer
Statements issued by an administrative agency indicating how it construes the statutes and rules that it administers
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Procedural Rules
answer
Rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct for practice before the agency
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Enforcement
answer
Process by which agencies determine whether their rules have been violated
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Adjudication
answer
Formal methods by which an agency resolves disputes
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Judicial Review
answer
Acts as a control or check by a court on a particular rule or order of an administrative agency
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Legislative Control
answer
Includes control over the agency's budget and enabling statute
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Executive Branch Control
answer
Includes the President's power to appoint members of the agency
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Disclosure of Information
answer
Congressionally required public disclosure enhances oversight of agency activities
question
In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does:
a. Encourage the federal agencies to use alternative dispute resolution
b. Authorize state agencies to use mediation and conciliation
c. Require the agencies to use alternative dispute resolution
d. All of these are correct
a. Encourage the federal agencies to use alternative dispute resolution
b. Authorize state agencies to use mediation and conciliation
c. Require the agencies to use alternative dispute resolution
d. All of these are correct
answer
a. Encourage the federal agencies to use alternative dispute resolution
question
Administrative agencies exercise powers that have been allocated by __________ to the three separate branches of government.
a. The Constitution
b. The administrative process
c. Congress
d. Treaties
a. The Constitution
b. The administrative process
c. Congress
d. Treaties
answer
a. The Constitution
question
__________ 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.
a. Procedural rules
b. Interpretive rules
c. Hybrid rules
d. Legislative rules
a. Procedural rules
b. Interpretive rules
c. Hybrid rules
d. Legislative rules
answer
d. Legislative rules
-Legislative rules are in effect "administrative statutes."
-Legislative rules are in effect "administrative statutes."
question
As part of executive function to investigate conduct, administrative agencies may compel the disclosure of information, except under which limitation?
a. When notice and comment period has not taken place
b. When settlement is imminent
c. The information sought is irrelevant
d. When promulgating rules
a. When notice and comment period has not taken place
b. When settlement is imminent
c. The information sought is irrelevant
d. When promulgating rules
answer
c. The information sought is irrelevant
question
By virtue of their power to __________, U.S. Presidents have significant control over the administrative agencies housed within the __________ branch.
a. Controlling the entire budgetary power; Executive
b. Appoint and remove the chief administrator of those agencies; Executive
c. Examine particular rules or orders; Judicial
d. All of these are correct
a. Controlling the entire budgetary power; Executive
b. Appoint and remove the chief administrator of those agencies; Executive
c. Examine particular rules or orders; Judicial
d. All of these are correct
answer
b. Appoint and remove the chief administrator of those agencies; Executive
-Presidents as leader of the executive branch has the authority to appoint and remove the chief administrator of the agencies.
-Presidents as leader of the executive branch has the authority to appoint and remove the chief administrator of the agencies.
question
Federal legislation permits administrative agencies to deny access to nine categories of records is the:
a. FOIA
b. Privacy Act
c. Government in the Sunshine Act
d. APA
a. FOIA
b. Privacy Act
c. Government in the Sunshine Act
d. APA
answer
a. FOIA
-The Freedom of Information Act gives the public access to most records in the files of administrative agencies.
-The Freedom of Information Act gives the public access to most records in the files of administrative agencies.
question
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.
a. Executive committees
b. Fourth branch of government
c. The courts
d. Legislatures, including Congress
a. Executive committees
b. Fourth branch of government
c. The courts
d. Legislatures, including Congress
answer
b. Fourth branch of government
-Agencies have tremendous power
-Agencies have tremendous power
question
Administrative law judges are appointed by the agency through a professional merit selection system and may be removed only:
a. When they are promoted
b. When they retire
c. By the Supreme Court
d. For good cause
a. When they are promoted
b. When they retire
c. By the Supreme Court
d. For good cause
answer
d. For good cause
question
Once __________, administrative rules are applicable to all parties.
a. Read before the House and the Senate
b. Promulgated
c. Approved by the Supreme Court
d. Signed by the President of the United States
a. Read before the House and the Senate
b. Promulgated
c. Approved by the Supreme Court
d. Signed by the President of the United States
answer
b. Promulgated
-Citizens have a right to have access to the rules before being obligated to follow them
-Citizens have a right to have access to the rules before being obligated to follow them
question
The legislature may exercise control of administrative agencies in various ways. Which is NOT a control maintained by the legislative branch?
a. Through its budgetary power
b. Through the power to appoint and remove chief administrators
c. By amending an enabling statute to increase, modify, or decrease an agency's authority
d. It may reverse or change an agency rule or decision by specific legislation
a. Through its budgetary power
b. Through the power to appoint and remove chief administrators
c. By amending an enabling statute to increase, modify, or decrease an agency's authority
d. It may reverse or change an agency rule or decision by specific legislation
answer
b. Through the power to appoint and remove chief administrators
-This is a power of the executive branch
-This is a power of the executive branch
question
Under the Government in the Sunshine Act, meetings of many federal agencies are required to be:
a. Transcribed by a court reporter
b. Held in secret, undisclosed locations
c. Open to the public
d. Presided over by the President
a. Transcribed by a court reporter
b. Held in secret, undisclosed locations
c. Open to the public
d. Presided over by the President
answer
c. Open to the public
question
Congress has enacted a protection statute to prohibit the unauthorized disclosure of federal agency records pertaining to an individual. This statute is:
a. Freedom of Information Act
b. Government in the Sunshine Act
c. Privacy Act
d. Federal Trade Commission
a. Freedom of Information Act
b. Government in the Sunshine Act
c. Privacy Act
d. Federal Trade Commission
answer
c. Privacy Act
-The Privacy Act pertains to the protection of information that an agency possesses about an individual
-The Privacy Act pertains to the protection of information that an agency possesses about an individual
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