Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Set forth the stages of informal rule making.

Accepted Answer

The steps ...

Question 3

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)  A reviewing court can look at an agency's decision de novo and decide for itself the best statutory interpretation.
B)  A reviewing court can only reverse an agency's decision if it considered improper facts.
C)  A reviewing court is bound by the decision of the agency.
D)  A reviewing court can reverse an agency's decision if there is a better and more applicable reasoning.
E)  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.F) A) and B)
G) B) and E)

Question 4

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 considered a form of legislative rule making by which interested parties may insist that an agency take certain action.
C)  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.
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) B) and D)
G) B) and C)

Question 5

In administrative agency disputes,there is no right to a jury trial.

Accepted Answer

A) True 
 B)False

Question 6

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 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.
B)  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.
C)  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.
D)  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.
E)  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.F) None of the above
G) B) and D)

Question 7

Under what circumstances is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" used most commonly,and what steps must the agency follow if it chooses this avenue?

Accepted Answer

The exemption that public notice and com...

Question 8

Which of the following acts requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body?

Accepted Answer

A)  The Open Meetings Act
B)  The Freedom of Information Act
C)  The Open Door Act
D)  The Government in Sunshine Act
E)  The Privacy Act of 1974F) None of the above
G) A) and B)

Question 9

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

Question 10

Regarding federal independent agencies,which of the following is false?

Accepted Answer

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

Question 11

After publication what would be the next step in obtaining enactment of the rules?

Accepted Answer

A)  A public hearing
B)  A vote in Congress
C)  Approval by the president through an executive order
D)  Opportunity for all interested parties to submit written comments
E)  A hearing before an administrative law judgeF) C) and D)
G) A) and B)

Question 12

Why do some people believe informal decision making is unfair?

Accepted Answer

A)  Most people believe informal decision making is fair.
B)  Parties interested in the proposed rule cannot comment until the rule is already published.
C)  Parties interested in the proposed rule have no notice that a rule was proposed.
D)  Parties interested in the proposed rule cannot comment.
E)  Parties interested in the proposed rule have no idea what types of evidence the agency has received from other sources.F) A) and E)
G) B) and D)

Question 13

Executive agencies tend to focus on ________ regulation whereas independent agencies are more often focused on ________ regulation.

Accepted Answer

A)  Political;safety
B)  Safety;social
C)  Social;economic
D)  Economic;safety
E)  Social;politicalF) None of the above
G) A) and E)

Question 14

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 15

Which of the following is true regarding the claim of ABC Co.that the agency had no power to compel attendance and the production of documents?

Accepted Answer

A)  ABC Co.is incorrect and the agency had the power to issue a subpoena requiring attendance at a hearing and a subpoena duces tecum requiring that ABC Co.bring specified documents to the hearing.
B)  ABC Co.is correct in that the agency could not require the production of documents,but incorrect regarding the power of the agency to require attendance at a hearing.
C)  ABC Co.is correct because while the agency had the right to request voluntary compliance and refer ABC Co.to law enforcement if ABC Co.would not voluntarily comply,the agency had no power to require compliance.
D)  ABC Co.is incorrect and the agency had the power to issue a certified order requiring attendance at a hearing and a summons requiring that ABC Co.bring specified documents to the hearing.
E)  ABC Co.is correct in that the agency could not require attendance at a hearing,but incorrect regarding the power of the agency to require the provision of documents.F) C) and E)
G) B) and E)

Question 16

Under the federal Privacy Act of 1974,a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Accepted Answer

A) True 
 B)False

Question 17

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 executi...

Question 18

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 19

What is the name of the government publication in which an agency publishes each proposed rule,along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process,and later publishes the final rule?

Accepted Answer

A)  Federal Rules Reporter
B)  Federal Register
C)  Federal Reports
D)  Federal Rules Register
E)  Federal ReporterF) B) and C)
G) B) and D)

Question 20

Which of the following is not an exemption to the Freedom of Information Act?

Accepted Answer

A)  Criminal investigations
B)  FBI records
C)  National security
D)  Internal agency matters
E)  Financial institutionsF) B) and E)
G) A) and B)

Exam 44: Administrative Law

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

Correct Answer
verified

Under the federal Privacy Act of 1974,a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Correct Answer
verified

Why do some people believe informal decision making is unfair?

Correct Answer
verified

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

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 executi...
View Answer

Under what circumstances is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" used most commonly,and what steps must the agency follow if it chooses this avenue?

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

Which statement is correct regarding reg-neg rule making?

Correct Answer
verified

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

Correct Answer
verified

In administrative agency disputes,there is no right to a jury trial.

Correct Answer
verified

Which of the following is true regarding the claim of ABC Co.that the agency had no power to compel attendance and the production of documents?

Correct Answer
verified

Which of the following acts requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body?

Correct Answer
verified

Which of the following is not an exemption to the Freedom of Information Act?

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

Regarding federal independent agencies,which of the following is false?

Correct Answer
verified

Set forth the stages of informal rule making.

Correct Answer
verified
The steps ...
View Answer

Correct Answer
verified

Executive agencies tend to focus on regulation whereas independent agencies are more often focused on regulation.

Correct Answer
verified

After publication what would be the next step in obtaining enactment of the rules?

Correct Answer
verified

What is the name of the government publication in which an agency publishes each proposed rule,along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process,and later publishes the final rule?

Correct Answer
verified

Exam 44: Administrative Law

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

Correct AnswerverifiedShow Answer

Under the federal Privacy Act of 1974,a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Correct AnswerverifiedShow Answer

Why do some people believe informal decision making is unfair?

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

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 executi...View AnswerShow Answer

Under what circumstances is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" used most commonly,and what steps must the agency follow if it chooses this avenue?

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

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

In administrative agency disputes,there is no right to a jury trial.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the claim of ABC Co.that the agency had no power to compel attendance and the production of documents?

Correct AnswerverifiedShow Answer

Which of the following acts requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body?

Correct AnswerverifiedShow Answer

Which of the following is not an exemption to the Freedom of Information Act?

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

Regarding federal independent agencies,which of the following is false?

Correct AnswerverifiedShow Answer

Set forth the stages of informal rule making.

Correct AnswerverifiedThe steps ...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Executive agencies tend to focus on ________ regulation whereas independent agencies are more often focused on ________ regulation.

Correct AnswerverifiedShow Answer

After publication what would be the next step in obtaining enactment of the rules?

Correct AnswerverifiedShow Answer

What is the name of the government publication in which an agency publishes each proposed rule,along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process,and later publishes the final rule?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The steps ...
View Answer

Correct Answer
verified

Executive agencies tend to focus on regulation whereas independent agencies are more often focused on regulation.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified