Question 1

Agencies are classified as either or .

Accepted Answer

A)  Legislative;executive
B)  Judicial;independent
C)  Executive;independent
D)  Legislative;independent
E)  Judicial;executiveF) A) and B)
G) None of the above C

Question 2

Regarding the type of rule making done by agencies,which of the following is true?

Accepted Answer

A)  Agencies engage in two types of rulemaking: formal and informal.
B)  Agencies engage in four types of rulemaking: formal,informal,informational,and hybrid.
C)  Agencies engage in three types of rulemaking: formal,informal,and hybrid.
D)  Agencies engage in three types of rulemaking: informational,informal,and hybrid.
E)  Agencies engage in three types of rulemaking: formal,informational,and hybrid.F) B) and E)
G) A) and B)

Question 3

Why is informal rule making used more often than other methods?

Accepted Answer

A)  It cannot be challenged.
B)  It requires a formal record.
C)  It requires a formal public hearing.
D)  It is efficient for the agency in terms of time and cost.
E)  It creates a more transparent system.F) A) and B)
G) None of the above

Question 4

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

Question 5

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

Accepted Answer

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

Question 6

What option does a party have if he or she does not appeal the ALJ's initial order within the allowed timeframe?

Accepted Answer

A)  The party can refile the claim in the trial court.
B)  The party can initiate mediation.
C)  There are no options and the initial order becomes a final order.
D)  The party can refile the claim with the agency and have it decided by a different ALJ.
E)  The party can file a motion to request appeal to have the decision reviewed.F) D) and E)
G) A) and B)

Question 7

Which of the following is true regarding the statement by the agency head that agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion?

Accepted Answer

A)  The agency representative is incorrect because agency decisions are usually reversed unless it can be established that an appeal of an agency decision is frivolous and without reason.
B)  The agency representative is incorrect because while agency actions are usually upheld,they may be reversed if the agency exceeded its power or the facts are not supported by substantial evidence.
C)  The agency representative is incorrect because a court will review a dispute with an agency de novo,meaning independent basis,giving no deference to the agency decision.
D)  The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be reversed if no evidence whatsoever supports the agency's interpretation of its regulation.
E)  The agency representative is incorrect because agency decisions are usually reversed unless they are supported by clear and convincing evidence.F) A) and D)
G) A) and C)

Question 8

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)  Agency
B)  Interstate
C)  Enabling
D)  Administrative
E)  StatutoryF) B) and D)
G) A) and C)

Question 9

________ grant agencies executive power to investigate potential violations of rules or statutes.

Accepted Answer

A)  Interpreting rules
B)  Rule making legislation
C)  Enabling statutes
D)  Empowering statutes
E)  Investigative authorityF) D) and E)
G) A) and E)

Question 10

When must an agency respond to comments it receives regarding a proposed rule?

Accepted Answer

A)  When the comment significantly concern the proposed rule.
B)  When the comment is by an elected official.
C)  An agency never has to respond to comments.
D)  When the comment concerns public policy.
E)  When the comment concerns the constitutionality of the proposed rule.F) B) and D)
G) All of the above

Question 11

Administrative agencies are located at the federal level only.

Accepted Answer

A) True 
 B)False

Question 12

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  False

Question 13

What do the initials ALJ represent in the administrative law arena?

Accepted Answer

A)  Agency Law Jurisprudence
B)  Administrative Law Judge
C)  Agency Legal Judge
D)  Administrative Legal Journal
E)  Agency Legal JargonF) D) and E)
G) A) and B)

Question 14

Regarding the Freedom of Information Act,which statement is false?

Accepted Answer

A)  Records involving an individual's private life are exempted from the act.
B)  Information regarding the agency's personnel records may be obtained under the act.
C)  Citizens are entitled to any records that government agencies have about them.
D)  Information may be obtained under the act regarding how an agency gets and spends its money.
E)  Records involving national security are exempted from the act.F) B) and C)
G) A) and B)

Question 15

The federal Freedom of Information Act applies to ________.

Accepted Answer

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

Question 16

When can the administrative head of an executive agency be discharged?

Accepted Answer

A)  The administrative head of an executive agency can be discharged for any reason at anytime by the president.
B)  The administrative head of an executive agency can only be discharged for cause by Congress.
C)  The administrative head of an executive agency can be discharged for any reason at anytime by Congress.
D)  An administrative head of an executive agency can be impeached by Congress for cause.
E)  The administrative head of an executive agency can only be discharged for cause by the president.F) A) and C)
G) B) and C)

Question 17

________ rules are rules regarding the internal operations of an agency.

Accepted Answer

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

Question 18

Which of the following terms refers to the type of evidence required by a court to support an agency's fact finding?

Accepted Answer

A)  Substantial evidence
B)  Circumstantial evidence
C)  Testimonial evidence
D)  Direct evidence
E)  Statistical evidenceF) C) and D)
G) A) and B)

Question 19

Which of the following is not a basic limit on agency power?

Accepted Answer

A)  Judicial
B)  Statutory
C)  Political
D)  Approved
E)  InformationalF) B) and C)
G) A) and E) D

Question 20

________ are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities.

Accepted Answer

A)  Policy statements
B)  Warning notices
C)  Interpretive statements
D)  Review statements
E)  Planning noticesF) A) and B)
G) None of the above

Exam 44: Administrative Law

Agencies are classified as either or .

Correct AnswerverifiedC

Regarding the type of rule making done by agencies,which of the following is true?

Correct AnswerverifiedShow Answer

Why is informal rule making used more often than other methods?

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

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

Correct AnswerverifiedShow Answer

What option does a party have if he or she does not appeal the ALJ's initial order within the allowed timeframe?

Correct AnswerverifiedShow Answer

Which of the following is true regarding the statement by the agency head that agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion?

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

________ grant agencies executive power to investigate potential violations of rules or statutes.

Correct AnswerverifiedShow Answer

When must an agency respond to comments it receives regarding a proposed rule?

Correct AnswerverifiedShow Answer

Administrative agencies are located at the federal level only.

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 AnswerverifiedFalse

What do the initials ALJ represent in the administrative law arena?

Correct AnswerverifiedShow Answer

Regarding the Freedom of Information Act,which statement is false?

Correct AnswerverifiedShow Answer

The federal Freedom of Information Act applies to ________.

Correct AnswerverifiedShow Answer

When can the administrative head of an executive agency be discharged?

Correct AnswerverifiedShow Answer

________ rules are rules regarding the internal operations of an agency.

Correct AnswerverifiedShow Answer

Which of the following terms refers to the type of evidence required by a court to support an agency's fact finding?

Correct AnswerverifiedShow Answer

Which of the following is not a basic limit on agency power?

Correct AnswerverifiedD

________ are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities.

Correct AnswerverifiedShow Answer

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C

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False

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D

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