Question 1

Which statement is correct regarding decisions of federal administrative law judges appealed into the federal court system?

Accepted Answer

A)   Decisions of administrative law judges are usually upheld.
B)   Decisions of administrative law judges are usually reversed.
C)   Decisions of administrative law judges are upheld approximately 50% of the time.
D)   Decisions of administrative law judges are generally upheld as a matter of law unless a jury is requested.
E)   Decisions of administrative law judges are upheld as a matter of law because there is no right of appeal into the federal court system.F) A) and E)
G) B) and C)

Question 2

Why was the Interstate Commerce Commission, the first federal administrative agency, created?

Accepted Answer

A)   To better control the anticompetitive nature of railroads.
B)   To deal with anticompetitive competition between states.
C)   To help farmers get better grain prices.
D)   To allow the government better control over interstates.
E)   To handle inconsistencies within the food and drug industry.F) B) and D)
G) C) and E)

Question 3

Which type of rule making provides the opportunity for written comments and then an informal public hearing is held with a restricted opportunity for cross-examination?

Accepted Answer

A)   Formal
B)   Informal
C)   Hybrid
D)   Combined
E)   ExemptedF) None of the above
G) C) and D)

Question 4

Which of the following has the power to dissolve a federal agency?

Accepted Answer

A)   The House of Representatives
B)   The Senate
C)   Congress
D)   The President
E)   The Administrative Regulatory AgencyF) A) and C)
G) A) and B)

Question 5

Interpretive rules are generally very detailed, step-by-step statements of what actions a party must take to be considered in compliance with an existing law.

Accepted Answer

A) True 
 B)False

Question 6

[Disputed Dominion] Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
-Which of the following is true regarding the claim of ABC Co. that agencies have no power to issue rules containing criminal penalties?

Accepted Answer

A)   ABC Co. is correct.
B)   ABC Co. is incorrect, but any criminal penalties enforced by an agency may not exceed a fine of $1,000.
C)   ABC Co. is incorrect, but any criminal penalties enforced by an agency may not exceed a fine of $10,000.
D)   ABC Co. is incorrect regarding its claim that all agencies lack the authority to enforce a criminal penalty, but correct in that the Animal Protection Commission cannot enforce a criminal penalty because an agency can only enforce a criminal penalty if human health or national security is involved.
E)   ABC Co. is incorrect, and the Animal Protection Commission can enforce criminal penalties.F) B) and C)
G) C) and D)

Question 7

Which of the following was the result in Yan Ju Wang v. George Valverde, the case in the text in which the plaintiff, a holder of a valid Class C (noncommercial)  driver's license, applied for a Class B (commercial)  driver's license but was caught cheating when taking the Class B test resulting in the revocation by the state Department of Motor Vehicles of his Class C license?

Accepted Answer

A)   That the interpretation of the Department of Motor Vehicles of state law was correct and that it had the authority to revoke the Class C license.
B)   That the interpretation of the Department of Motor Vehicles of state law was incorrect and that it had no authority to revoke the Class C license.
C)   That although the interpretation of the Department of Motor Vehicles of state law was correct, the department failed to satisfy applicable requirements in notifying the plaintiff of its decision in regard to the Class C license and that the department's action was therefore null and void.
D)   That although the interpretation of the Department of Motor Vehicles of state law was correct, applicable federal law prohibited the revocation of a Class C license due to misconduct in regard to the testing procedures for a Class B license.
E)   That although the interpretation of the Department of Motor Vehicles of state law was incorrect, federal law prohibits fraud in connection with the application to operate any motor vehicle thereby justifying the revocation of the Class C license.F) C) and E)
G) B) and C)

Question 8

In the case text Warner-Lambert Company v. United States, Warner-Lambert imported and sold cough drops. The Customs Service reclassified the cough drops as imported vitamin C supplement drops, which subjected the drops to a duty of 6.1 percent. Which of the following was the result?

Accepted Answer

A)   If a reviewing court finds the agency's construction of an ambiguous statute is reasonable, it cannot reverse the agency's decision because it would have interpreted the statute differently.
B)   A reviewing court can look at an agency's decision de novo and decide for itself the best statutory interpretation.
C)   A reviewing court can only reverse an agency's decision if it considered improper facts.
D)   A reviewing court can reverse an agency's decision if there is a better and more applicable reasoning.
E)   A reviewing court is bound by the decision of the agency.F) B) and E)
G) A) and D)

Question 9

Explain why administrative agencies are sometimes referred to as the "fourth branch of government," and discuss if administrative agencies are, in fact, a fourth branch of government.

Accepted Answer

Because legislative, judicial, and execu...

Question 10

________ is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings.

Accepted Answer

A)   Rule-making proceedings with regard to military or foreign affairs
B)   Rule making with regard to agency management or personnel
C)   Rule-making proceedings with regard to complaints about the agency
D)   Rule making with regard to agency property
E)   Rule making with regard to agency contractsF) All of the above
G) B) and C)

Question 11

Which statement is correct regarding reg-neg rule making?

Accepted Answer

A)   It is the oldest and most accepted form of rule making involving negotiations among and between all parties before regulations are issued.
B)   It is more formal than formal rule making and requires a vote by all identified interested parties prior to the issuance of a formal rule.
C)   It is considered a form of legislative rule making by which interested parties may insist that an agency take certain action.
D)   It is a form of rule making by which agencies may consult with other agencies before issuing informal rules so that rules of various agencies do not conflict.
E)   It is a newer process by which interested groups and the agency attend sessions led by a mediator in an attempt to reach consensus.F) A) and E)
G) All of the above

Question 12

Parties in a dispute before an administrative law judge may reach a settlement via a[n] ________.

Accepted Answer

A)   Certified agreement
B)   Approved contract
C)   Sealed compromise
D)   Consent order
E)   Administrative acknowledgementF) D) and E)
G) B) and E)

Question 13

The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

Accepted Answer

A) True 
 B)False

Question 14

When did Congress pass the Administrative Procedures Act?

Accepted Answer

A)   1920
B)   1946
C)   1965
D)   1980
E)   1999F) B) and D)
G) A) and C)

Question 15

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

Accepted Answer

A) True 
 B)False

Question 16

________ agencies do not clearly fall into one classification or the other.

Accepted Answer

A)   Dual-action
B)   Double
C)   Conjoined
D)   Complicated
E)   HybridF) B) and E)
G) B) and D)

Question 17

A court will interpret a rule as requiring formal rule making, if a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required.

Accepted Answer

A) True 
 B)False

Question 18

Agencies are limited in their scope and ability to run based on which of the following?

Accepted Answer

A)   Agency Regulations Act
B)   Federal Agency Rules Act
C)   Popular Agency Act
D)   Administrative Procedures Act
E)   Regulatory Restriction ActF) C) and E)
G) A) and C)

Question 19

Formal rule making is also called notice-and-comment rule making.

Accepted Answer

A) True 
 B)False

Question 20

Which statement is correct regarding types of powers administrative agencies have?

Accepted Answer

A)   Agencies have legislative, judicial, and executive power.
B)   Agencies have executive power and judicial power, but not legislative power.
C)   Agencies have executive power and legislative power, but not judicial power.
D)   Agencies have legislative power, but not executive power or judicial power.
E)   Agencies have legislative power and judicial power, but not executive power.F) All of the above
G) A) and D)

Exam 44: Administrative Law

Correct Answer
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When did Congress pass the Administrative Procedures Act?

Correct Answer
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Which statement is correct regarding reg-neg rule making?

Correct Answer
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Which statement is correct regarding decisions of federal administrative law judges appealed into the federal court system?

Correct Answer
verified

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

Correct Answer
verified

Explain why administrative agencies are sometimes referred to as the "fourth branch of government," and discuss if administrative agencies are, in fact, a fourth branch of government.

Correct Answer
verified
Because legislative, judicial, and execu...
View Answer

________ agencies do not clearly fall into one classification or the other.

Correct Answer
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Which type of rule making provides the opportunity for written comments and then an informal public hearing is held with a restricted opportunity for cross-examination?

Correct Answer
verified

Why was the Interstate Commerce Commission, the first federal administrative agency, created?

Correct Answer
verified

Interpretive rules are generally very detailed, step-by-step statements of what actions a party must take to be considered in compliance with an existing law.

Correct Answer
verified

Parties in a dispute before an administrative law judge may reach a settlement via a[n] ________.

Correct Answer
verified

The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

Correct Answer
verified

Which of the following has the power to dissolve a federal agency?

Correct Answer
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Which statement is correct regarding types of powers administrative agencies have?

Correct Answer
verified

________ is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings.

Correct Answer
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Correct Answer
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In the case text Warner-Lambert Company v. United States, Warner-Lambert imported and sold cough drops. The Customs Service reclassified the cough drops as imported vitamin C supplement drops, which subjected the drops to a duty of 6.1 percent. Which of the following was the result?

Correct Answer
verified

Agencies are limited in their scope and ability to run based on which of the following?

Correct Answer
verified

Formal rule making is also called notice-and-comment rule making.

Correct Answer
verified

A court will interpret a rule as requiring formal rule making, if a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required.

Correct Answer
verified

Exam 44: Administrative Law

Correct AnswerverifiedShow Answer

When did Congress pass the Administrative Procedures Act?

Correct AnswerverifiedShow Answer

Which statement is correct regarding reg-neg rule making?

Correct AnswerverifiedShow Answer

Which statement is correct regarding decisions of federal administrative law judges appealed into the federal court system?

Correct AnswerverifiedShow Answer

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

Correct AnswerverifiedShow Answer

Explain why administrative agencies are sometimes referred to as the "fourth branch of government," and discuss if administrative agencies are, in fact, a fourth branch of government.

Correct AnswerverifiedBecause legislative, judicial, and execu...View AnswerShow Answer

________ agencies do not clearly fall into one classification or the other.

Correct AnswerverifiedShow Answer

Which type of rule making provides the opportunity for written comments and then an informal public hearing is held with a restricted opportunity for cross-examination?

Correct AnswerverifiedShow Answer

Why was the Interstate Commerce Commission, the first federal administrative agency, created?

Correct AnswerverifiedShow Answer

Interpretive rules are generally very detailed, step-by-step statements of what actions a party must take to be considered in compliance with an existing law.

Correct AnswerverifiedShow Answer

Parties in a dispute before an administrative law judge may reach a settlement via a[n] ________.

Correct AnswerverifiedShow Answer

The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

Correct AnswerverifiedShow Answer

Which of the following has the power to dissolve a federal agency?

Correct AnswerverifiedShow Answer

Which statement is correct regarding types of powers administrative agencies have?

Correct AnswerverifiedShow Answer

________ is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In the case text Warner-Lambert Company v. United States, Warner-Lambert imported and sold cough drops. The Customs Service reclassified the cough drops as imported vitamin C supplement drops, which subjected the drops to a duty of 6.1 percent. Which of the following was the result?

Correct AnswerverifiedShow Answer

Agencies are limited in their scope and ability to run based on which of the following?

Correct AnswerverifiedShow Answer

Formal rule making is also called notice-and-comment rule making.

Correct AnswerverifiedShow Answer

A court will interpret a rule as requiring formal rule making, if a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Because legislative, judicial, and execu...
View 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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Correct Answer
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Correct Answer
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