Question 1

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Accepted Answer

A) True 
 B)False

Question 2

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Accepted Answer

A) True 
 B)False

Question 3

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?

Accepted Answer

A)   The agency has a right to act in this way and a duty to be efficient with taxpayer money.
B)   The rules in this instance are procedural in nature and therefore are not required to be published.
C)   The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.
D)   The agency has no rulemaking authority, because only Congress can make legislative rules.

Question 4

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Accepted Answer

A) True 
 B)False

Question 5

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Accepted Answer

A) True 
 B)False

Question 6

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Accepted Answer

A) True 
 B)False

Question 7

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Accepted Answer

A) True 
 B)False

Question 8

Congress enacted the Administrative Procedure Act in 1946.

Accepted Answer

A) True 
 B)False

Question 9

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Accepted Answer

A) True 
 B)False  True

Question 10

Administrative hearings are held before a jury, just as are court hearings.

Accepted Answer

A) True 
 B)False

Question 11

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

Accepted Answer

A) True 
 B)False

Question 12

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 standard in reviewing factual determinations?

Accepted Answer

A)   The unwarranted by the facts standard.
B)   The substantial evidence standard.
C)   The arbitrary and capricious standard.
D)   The beyond a reasonable doubt standard.

Question 13

Legislative rules by an administrative agency do not have the force of law.

Accepted Answer

A) True 
 B)False

Question 14

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Accepted Answer

A) True 
 B)False

Question 15

The __________ is the federal statute requiring most records in agency files to be accessible to the public.

Accepted Answer

A)   FOIA
B)   APA
C)   ALJ
D)   Government in the Sunshine Act A

Question 16

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A)   SEC.
B)   APA.
C)   FCC.
D)   NHTSA.

Question 17

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Accepted Answer

A) True 
 B)False

Question 18

How are ALJs selected?

Accepted Answer

A)   They are appointed by the president and then confirmed by Congress.
B)   They are elected by Congress.
C)   They are appointed by the president without confirmation by Congress.
D)   They are appointed by the agency through a professional merit selection system.

Question 19

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Accepted Answer

A) True 
 B)False

Question 20

The Lujan v. Defenders of Wildlife case involved:

Accepted Answer

A)   the doctrine of standing.
B)   the issue of whether an agency action violated the Administrative Procedure Act.
C)   interpretation of an administrative regulation.
D)   enforcement action on the part of an agency and whether the demand for information was sufficiently specific and not unreasonably burdensome. A

Exam 5: Administrative Law

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Correct Answer
verified

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Correct Answer
verified

Correct Answer
verified

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Correct Answer
verified

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Correct Answer
verified

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Correct Answer
verified

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Correct Answer
verified

Congress enacted the Administrative Procedure Act in 1946.

Correct Answer
verified

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Correct Answer
verified
True

Administrative hearings are held before a jury, just as are court hearings.

Correct Answer
verified

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

Correct Answer
verified

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 standard in reviewing factual determinations?

Correct Answer
verified

Legislative rules by an administrative agency do not have the force of law.

Correct Answer
verified

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Correct Answer
verified

The __________ is the federal statute requiring most records in agency files to be accessible to the public.

Correct Answer
verified
A

Rulemaking powers of federal agencies are primarily governed by the:

Correct Answer
verified

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Correct Answer
verified

How are ALJs selected?

Correct Answer
verified

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Correct Answer
verified

The Lujan v. Defenders of Wildlife case involved:

Correct Answer
verified
A

Exam 5: Administrative Law

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Correct AnswerverifiedShow Answer

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Correct AnswerverifiedShow Answer

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Correct AnswerverifiedShow Answer

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Correct AnswerverifiedShow Answer

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Correct AnswerverifiedShow Answer

Congress enacted the Administrative Procedure Act in 1946.

Correct AnswerverifiedShow Answer

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Correct AnswerverifiedTrue

Administrative hearings are held before a jury, just as are court hearings.

Correct AnswerverifiedShow Answer

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

Correct AnswerverifiedShow Answer

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 standard in reviewing factual determinations?

Correct AnswerverifiedShow Answer

Legislative rules by an administrative agency do not have the force of law.

Correct AnswerverifiedShow Answer

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Correct AnswerverifiedShow Answer

The __________ is the federal statute requiring most records in agency files to be accessible to the public.

Correct AnswerverifiedA

Rulemaking powers of federal agencies are primarily governed by the:

Correct AnswerverifiedShow Answer

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Correct AnswerverifiedShow Answer

How are ALJs selected?

Correct AnswerverifiedShow Answer

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Correct AnswerverifiedShow Answer

The Lujan v. Defenders of Wildlife case involved:

Correct AnswerverifiedA

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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verified

Correct Answer
verified

Correct Answer
verified
True

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified
A

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Correct Answer
verified
A