question
What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?
answer
Rule-making
question
What term is used to refer to the entire set of activities in which an administrative agency engages?
answer
The administrative process
question
Administrative statutes, often called regulations, issued by an agency are:
answer
legislative rules
question
Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations?
answer
the arbitrary and capricious test
question
The President has significant control over administrative agencies housed within the executive branch by virtue of his power to:
answer
influence the budgeting process.
appoint and remove the chief administrator of those agencies.
impound moneys appropriated to the agency by Congress.
appoint and remove the chief administrator of those agencies.
impound moneys appropriated to the agency by Congress.
question
To what do the letters APA refer?
answer
The Administrative Procedure Act
question
Much of federal, state, and local law in this country has been established by administrative agencies. Because agencies possess tremendous power, many people have labeled them the:
answer
fourth branch of government
question
To what do the letters ALJ refer?
answer
Administrative Law Judge
question
Rulemaking powers of federal agencies are primarily governed by the:
answer
APA
question
Which of the following is an administrative agency?
answer
EPA
FTC
SEC
FTC
SEC
question
The Administrative Dispute Resolution Act:
answer
authorizes and encourages, but does not require, federal agencies to use techniques such as mediation, conciliation, and arbitration to resolve disputes informally.
question
The legislature may exercise control of administrative agencies in various ways. These are:
answer
Through its budgetary power
by amending an enabling statute to increase, modify, or decrease an agency's authority
by amending an enabling statute to increase, modify, or decrease an agency's authority
question
If an agency order is appealed, the governing body of the agency may decide the case de novo. In this context the term de novo means:
answer
the agency may hear additional evidence and arguments in deciding wether to revise the findings and conclusions in the initial decision
question
Administrative agencies perform what basic function?
answer
Rule making
Law Enforcement
Adjudication
Law Enforcement
Adjudication
question
An administrative law judge for the Federal Trade Commission decides a case against a retail store chain. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?
answer
The commission may decide the case de novo
question
Which of the following statements is true regarding administrative law judges?
answer
The may be removed only for good cause
question
The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions?
answer
The agency is seeking to adopt the rules by a procedure that violates the rule making procedures set in the APA
question
A federal agency that wishes to adopt administrative rules must do so in compliance with the:
answer
Rules must be adopted in compliance with all:
U.S. Constitution
agency's enabling statute
Administrative Procedures Act (APA)
U.S. Constitution
agency's enabling statute
Administrative Procedures Act (APA)
question
In reviewing an agency action, which of the following is included in the questions of law a court will consider?
answer
Whether the agency violated any constitutional provision.
Whether the agency acted contrary to the procedural requirements of the law.
Whether the agency exceeded its authority.
Whether the agency acted contrary to the procedural requirements of the law.
Whether the agency exceeded its authority.
question
What standard does a court use in reviewing the factual determinations of an administrative agency?
answer
Depending on the situation:
Whether the adjudication was arbitrary and capricious.
Whether the conclusions reached are supported by substantial evidence.
Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided.
Whether the adjudication was arbitrary and capricious.
Whether the conclusions reached are supported by substantial evidence.
Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided.
question
Federal administrative agencies are charged with all but which of the following?
answer
National security
Labor relations
Securities markets
Law enforcement
(all of the above)
Labor relations
Securities markets
Law enforcement
(all of the above)
question
What is required by the substantial evidence test?
answer
The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
question
The Privacy Act:
answer
requires agencies to collect info to the greatest extent practicable directly from the individual affected
question
The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy-making process prior to the publication of notice of a proposed agency rule is the:
answer
Negotiated Rulemaking Act.
question
The APA's requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the rule's basis and purpose are the requirements for issuance of rules in accordance with:
answer
Informal Rulemaking
question
Emily would like to become an administrative law judge. How should she go about exploring this employment option?
answer
She should fill out an application for federal employment pursuant to the federal civil service merit selection rules.
question
The ____ is the federal public records statute requiring most records in agency files to be open to the public.
answer
FOIA
question
Agencies may deny access to which of the following types of records?
answer
Those related to national defense and specifically authorized to be kept secret
those relating to internal personnel rules
trade secrets
those relating to internal personnel rules
trade secrets
question
Which of the following is not covered by the Government in the Sunshine Act?
answer
the FDA
question
After a FOIA request has been made, an agency has ____ to indicate whether it intends to comply.
answer
10 working days
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