Question 1

What is an administrative agency? What powers does an administrative agency possess?

Accepted Answer

Administrative agencies are governmental...

Question 2

The legislature may exercise control of administrative agencies in various ways. These are:

Accepted Answer

A)   through adjudicating cases brought against the agancies.
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)   by freezing an agency's budget.E) A) and D)
F) All of the above

Question 3

Administrative hearings are held before a jury.

Accepted Answer

A) True 
 B)False

Question 4

Administrative agencies exist only at the federal level.

Accepted Answer

A) True 
 B)False

Question 5

In 2015, the U.S. Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

Accepted Answer

A) True 
 B)False

Question 6

There are more than twice as many federal judges as there are administrative law judges.

Accepted Answer

A) True 
 B)False

Question 7

Administrative statutes issued by an agency are known as:

Accepted Answer

A)   legislative rules.
B)   interpretive rules.
C)   hybrid rules.
D)   procedural rules.E) A) and D)
F) A) and C)

Question 8

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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?

Accepted Answer

A)   The commission may hear additional evidence and arguments in deciding whether to revise the findings and conclusions it made in the initial decision.
B)   There is no appeal from the decision of the ALJ.
C)   The commission will decide the case by having a jury trial.
D)   The commission must decide the case on the record, abstracts, and briefs and may not hear any evidence.E) B) and D)
F) B) and C)

Question 11

Congress enacted the Administrative Procedure Act in 1964.

Accepted Answer

A) True 
 B)False

Question 12

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

Accepted Answer

A)   executive committees
B)   administrative agencies
C)   the courts
D)   legislatures, including CongressE) B) and C)
F) A) and B)

Question 13

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Accepted Answer

A) True 
 B)False

Question 14

The U.S. Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

Accepted Answer

A) True 
 B)False

Question 15

A major rule of an administrative agency:

Accepted Answer

A)   does not become final until Congress has had an opportunity to disapprove it.
B)   is any rule that the Office of Management and Budget finds has resulted in or is likely to result in an annual effect on the economy of at least one million dollars.
C)   must be published in the Federal Register prior to its becoming final, but need not be submitted to Congress.
D)   is a rule that will have a significant effect on competition and that becomes final if it is submitted to and approved by the President.E) A) and B)
F) B) and C)

Question 16

Which of the following is NOT a requirement for parties that seek to challenge agency action?

Accepted Answer

A)   They must have an interest that is in the zone of interests to be protected or regulated by the statute in question.
B)   They must  have exhausted their administrative remedies.
C)   They must  be a party injured by the agency action.
D)   They must have already filed suit in the appropriate federal court.E) A) and B)
F) A) and C)

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

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Accepted Answer

A) True 
 B)False

Question 19

What is required by the substantial evidence test?

Accepted Answer

A)   The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
B)   It requires the court to try the facts de novo .
C)   It requires only that the agency had a rational basis for reaching its decision.
D)   It requires proof beyond a reasonable doubt.E) All of the above
F) B) and D)

Question 20

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Accepted Answer

A) True 
 B)False

Exam 5: Administrative Law

The legislature may exercise control of administrative agencies in various ways. These are:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Correct AnswerverifiedShow Answer

Which of the following is NOT a requirement for parties that seek to challenge agency action?

Correct AnswerverifiedShow Answer

Administrative hearings are held before a jury.

Correct AnswerverifiedShow Answer

Administrative agencies exist only at the federal level.

Correct AnswerverifiedShow Answer

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

Correct AnswerverifiedShow Answer

Administrative statutes issued by an agency are known as:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

A major rule of an administrative agency:

Correct AnswerverifiedShow Answer

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Correct AnswerverifiedShow Answer

There are more than twice as many federal judges as there are administrative law judges.

Correct AnswerverifiedShow Answer

Congress enacted the Administrative Procedure Act in 1964.

Correct AnswerverifiedShow Answer

What is required by the substantial evidence test?

Correct AnswerverifiedShow Answer

The U.S. Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

What is an administrative agency? What powers does an administrative agency possess?

Correct AnswerverifiedAdministrative agencies are governmental...View AnswerShow Answer

In 2015, the U.S. Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

Correct AnswerverifiedShow Answer

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Correct AnswerverifiedShow Answer

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

Correct AnswerverifiedShow Answer

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Administrative agencies are governmental...
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