Question 1

In informal rule making,the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register.

Accepted Answer

A)   15
B)   20
C)   30
D)   45
E)   60F) A) and B)
G) C) and E)

Question 2

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) A) and C)
G) None of the above

Question 3

Which of the following was the result on appeal in Murphy v.New Milford Zoning Commission,the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

Accepted Answer

A)   That the decision of the zoning commission was correct and would be upheld.
B)   That the court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities.
C)   That no appeal rights existed from a decision regarding zoning issues, a completely localized issue.
D)   That the zoning commission was incorrect but that more information was needed in order to fashion a remedy.
E)   That the zoning commission was incorrect and that the plaintiffs would be allowed to continue the prayer meetings.F) A) and B)
G) All of the above

Question 4

When is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" most commonly used and what must the agency do if this avenue is chosen?

Accepted Answer

The exemption that public notice and com...

Question 5

Which of the following would likely be the result if Monique appeals to court after she is unable to resolve the issue through the agency?

Accepted Answer

A)   Her appeal would be immediately dismissed by the judge because she had no right to an appeal a decision of an agency of this type.
B)   She would lose unless she could establish that she was singled out for unfair treatment based on a review of others in her position who pled guilty to similar charges.
C)   She would lose unless she could establish bias against her because of her race, color, gender, age, or national origin.
D)   She would lose because courts will review agency interpretations of regulations only when there is clear and convincing evidence of a factual dispute which is nonexistent because she pled guilty to the DUI charge.
E)   She would likely win because it appears that the agency exceeded its authority under the statute in that her DUI conviction did not involve matters, such as honesty, that the statute was meant to protect.F) A) and B)
G) A) and C) E

Question 6

Which of the following is a federal independent agency?

Accepted Answer

A)   The Federal Trade Commission
B)   The Federal Aviation Agency
C)   The Food and Drug Administration
D)   The Federal Deposit Insurance Corporation
E)   The National Science FoundationF) D) and E)
G) B) and C)

Question 7

There is no right of appeal from a decision of an administrative law judge.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following was the result on appeal in the case of Lakeland Enterprises of Rhinelander Inc.,v.Chao,the case in the text involving whether the constitutional rights of the defending sewer and water contractor were violated following an inspection by an OSHA officer resulting in the issuance of citations?

Accepted Answer

A)   That the contractor waived any protection involving the requirement of a search warrant under the Fourth Amendment by not objecting to the inspection at issue.
B)   That protections under the U.S. Constitution are not available when administrative agency action is at issue.
C)   That protections under the U.S. Constitution are only available when administrative agency action is at issue if incarceration is at issue.
D)   That a search warrant should have been obtained pursuant to the Fourth Amendment, that the search was invalid, and that the citations were invalid.
E)   That a search warrant should have been obtained pursuant to the Fourth Amendment, that the search was invalid, but that the citations would not be revoked because employee safety was involved.F) C) and E)
G) None of the above

Question 9

Federal administrative agencies are created by Congress through passage of ______ legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

Accepted Answer

A)   Administrative
B)   Enabling
C)   Statutory
D)   Agency
E)   InterstateF) D) and E)
G) A) and B)

Question 10

To which of the following does the federal Freedom of Information Act not apply?

Accepted Answer

A)   Congress
B)   The federal courts
C)   The executive staff of the White House
D)   The Internal Revenue Service
E)   State or local governmentsF) B) and C)
G) A) and B)

Question 11

Prior to the passage of the Administrative Procedures Act,agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials.

Accepted Answer

A) True 
 B)False  True

Question 12

Set forth the steps involved in hybrid rule making.

Accepted Answer

The steps of hybrid rule making are as f...

Question 13

Which of the following are rules regarding the internal operations of an agency?

Accepted Answer

A)   Procedural
B)   Interpretive
C)   Legislative
D)   Adjudicative
E)   ExecutiveF) A) and E)
G) A) and D)

Question 14

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) None of the above
G) B) and D)

Question 15

How many days,if any,does Congress have in which to review proposed agency rules?

Accepted Answer

A)   0 because Congress does not review proposed agency rules
B)   20
C)   30
D)   60
E)   90F) B) and E)
G) B) and C)

Question 16

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Accepted Answer

A)   The Congressional Review
B)   The Congressional Record
C)   The Agency Periodical
D)   The Comment and Review Forum
E)   The Federal RegisterF) B) and C)
G) A) and E) E

Question 17

Which of the following is an act passed by Congress and serves as a major limitation on how federal agencies are run?

Accepted Answer

A)   The Agency Restriction Act
B)   The Regulatory Agency Act
C)   The Agency Regulation Act
D)   The Administrative Procedures Act
E)   The Regulatory Restriction ActF) C) and D)
G) A) and B)

Question 18

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 D)
G) A) and D)

Question 19

Which of the following is false regarding federal independent agencies?

Accepted Answer

A)   Independent agencies are governed by a board of commissioners.
B)   The president appoints the commissioners of independent agencies with the advice and consent of the Senate.
C)   The commissioners may be removed in the discretion of the president.
D)   No more than a simple majority of an independent agency can be members of any single political party.
E)   The agencies are generally not located within any department.F) B) and E)
G) B) and D)

Question 20

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Accepted Answer

A)   Combined
B)   Hybrid
C)   Joined
D)   Registered
E)   CompoundF) A) and E)
G) A) and B)

Exam 44: Administrative Law

In informal rule making,the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register.

Correct Answer
verified

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

Correct Answer
verified

Which of the following was the result on appeal in Murphy v.New Milford Zoning Commission,the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

Correct Answer
verified

When is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" most commonly used and what must the agency do if this avenue is chosen?

Correct Answer
verified
The exemption that public notice and com...
View Answer

Which of the following would likely be the result if Monique appeals to court after she is unable to resolve the issue through the agency?

Correct Answer
verified
E

Which of the following is a federal independent agency?

Correct Answer
verified

There is no right of appeal from a decision of an administrative law judge.

Correct Answer
verified

Correct Answer
verified

Federal administrative agencies are created by Congress through passage of ______ legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

Correct Answer
verified

To which of the following does the federal Freedom of Information Act not apply?

Correct Answer
verified

Prior to the passage of the Administrative Procedures Act,agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials.

Correct Answer
verified
True

Set forth the steps involved in hybrid rule making.

Correct Answer
verified
The steps of hybrid rule making are as f...
View Answer

Which of the following are rules regarding the internal operations of an agency?

Correct Answer
verified

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

Correct Answer
verified

How many days,if any,does Congress have in which to review proposed agency rules?

Correct Answer
verified

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Correct Answer
verified
E

Which of the following is an act passed by Congress and serves as a major limitation on how federal agencies are run?

Correct Answer
verified

Which of the following is true regarding the claim of ABC Co.that agencies have no power to issue rules containing criminal penalties?

Correct Answer
verified

Which of the following is false regarding federal independent agencies?

Correct Answer
verified

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Correct Answer
verified

Exam 44: Administrative Law

In informal rule making,the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in Murphy v.New Milford Zoning Commission,the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

Correct AnswerverifiedShow Answer

When is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" most commonly used and what must the agency do if this avenue is chosen?

Correct AnswerverifiedThe exemption that public notice and com...View AnswerShow Answer

Which of the following would likely be the result if Monique appeals to court after she is unable to resolve the issue through the agency?

Correct AnswerverifiedE

Which of the following is a federal independent agency?

Correct AnswerverifiedShow Answer

There is no right of appeal from a decision of an administrative law judge.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Federal administrative agencies are created by Congress through passage of ______ legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

Correct AnswerverifiedShow Answer

To which of the following does the federal Freedom of Information Act not apply?

Correct AnswerverifiedShow Answer

Prior to the passage of the Administrative Procedures Act,agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials.

Correct AnswerverifiedTrue

Set forth the steps involved in hybrid rule making.

Correct AnswerverifiedThe steps of hybrid rule making are as f...View AnswerShow Answer

Which of the following are rules regarding the internal operations of an agency?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

How many days,if any,does Congress have in which to review proposed agency rules?

Correct AnswerverifiedShow Answer

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Correct AnswerverifiedE

Which of the following is an act passed by Congress and serves as a major limitation on how federal agencies are run?

Correct AnswerverifiedShow Answer

Which of the following is true regarding the claim of ABC Co.that agencies have no power to issue rules containing criminal penalties?

Correct AnswerverifiedShow Answer

Which of the following is false regarding federal independent agencies?

Correct AnswerverifiedShow Answer

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The exemption that public notice and com...
View Answer

Correct Answer
verified
E

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
True

Correct Answer
verified
The steps of hybrid rule making are as f...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
E

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified