Module 15

A federal law passed by Congress granting powers to an agency is called:
a. a legislative deliberation
b. a public purpose statute
c. an enabling statute
d. a public interest statute

Which of the following is a primary source of administrative law?
a. the enabling statutes of administrative agencies
b. the Administrative Procedures Act
c. rules issued by administrative agencies
d. court decisions reviewing the validity of agency actions
e. all of the above

Substantive (legislative) rules issued by agencies are:
a. statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
b. administrative statutes with the same force and effect of law as statutes passed by Congress
c. rules that describe an agency's organization, method of operation, and internal practices
d. statements that may only rephrase the language of a statute passed by Congress

_________________ are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute.
a. procedural rules
b. interpretative rules
c. substantive rules
d. observation rules

Procedural rules issued by administrative agencies are:
a. statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
b. administrative statutes with the same force of law as statutes passed by Congress
c. rules that describe an agency's organization, method of operation, and internal practices
d. statements that may only rephrase the language of a statute passed by Congress

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:
a. Congressional Quarterly
b. Administrative Journal
c. Federal Supplement
d. Federal Register

The usual public comment period for substantive rule is:
a. 60 to 90 days
b. 6 to 10 days
c. 30 days
d. one year

If evidence of regulatory violations can be obtained from observations made in areas the public has access to:
a. there is no need to obtain a warrant
b. there is still a need to obtain a warrant
c. a warrant must still be obtained if the evidence is going to appear in court
d. the agency must obtain a court order before acquiring the evidence

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative law Jude or ALJ. An ALJ is a:
a. member of the federal bench
b. civil service employee of the agency
c. municipal judge
d. member of the state bench

The procedural requirement of _________________ requires that an appellate court has the ability to reconsider an agency decision to determine whether correction or modification is needed.
a. jurisdiction
b. reviewability
c. standing
d. ripeness