Question 1

When reviewing factual determinations of an administrative agency, the courts must always use the "arbitrary and capricious" test.

Accepted Answer

A) True 
 B)False

Question 2

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 permits the court to try the facts de novo.
C)  It requires that the agency set aside action if it is prejudicial.
D)  It requires proof beyond a reasonable doubt.E) B) and C)
F) A) and D)

Question 3

Agencies may deny access to which of the following types of records?

Accepted Answer

A)  Those related to national defense and specifically authorized to be kept secret
B)  Those relating to internal personnel rules
C)  Trade secrets
D)  All of these.E) None of the above
F) All of the above

Question 4

Informal rulemaking procedure does not require prior notice of a proposed rule.

Accepted Answer

A) True 
 B)False

Question 5

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same legislation.

Accepted Answer

A) True 
 B)False

Question 6

Administrative agencies could include commissions, boards, bureaus, or departments but not government corporations or offices.

Accepted Answer

A) True 
 B)False

Question 7

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Accepted Answer

A) True 
 B)False

Question 8

The Environmental Protection Agency (EPA)  would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them.To avoid any public comment, the agency seeks to adopt the rules without publishing them.Which of the following statements is true regarding the agency's actions?

Accepted Answer

A)  The agency has a right to act in this way and a duty to be efficient with taxpayer money.
B)  The rules in this instance are procedural in nature and therefore are not required to be published.
C)  The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.
D)  The agency has no rulemaking authority, because only Congress can make legislative rules.E) All of the above
F) C) and D)

Question 9

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.
District Court.

Accepted Answer

A) True 
 B)False

Question 10

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Accepted Answer

A) True 
 B)False

Question 11

Administrative law is the branch of private law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.

Accepted Answer

A) True 
 B)False

Question 12

The APA's requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the rule's basis and purpose are the requirements for issuance of rules in accordance with:

Accepted Answer

A)  formal rulemaking.
B)  hybrid rulemaking.
C)  informal rulemaking.
D)  negotiated rulemaking.E) A) and C)
F) B) and C)

Question 13

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 14

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Accepted Answer

Administrative rules can be legislative,...

Question 15

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Accepted Answer

A) True 
 B)False

Question 16

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Accepted Answer

When informal methods to resolve an admi...

Question 17

Administrative agencies must, within one year of their creation, make records available by electronic means.

Accepted Answer

A) True 
 B)False

Question 18

Congress enacted the Administrative Procedure Act in 1946.

Accepted Answer

A) True 
 B)False

Question 19

Only the federal government creates administrative law.

Accepted Answer

A) True 
 B)False

Question 20

Congress appoints and removes the chief administrators of federal administrative agencies.

Accepted Answer

A) True 
 B)False

Exam 5: Administrative Law

Only the federal government creates administrative law.

Correct Answer
verified

Congress enacted the Administrative Procedure Act in 1946.

Correct Answer
verified

Congress appoints and removes the chief administrators of federal administrative agencies.

Correct Answer
verified

Informal rulemaking procedure does not require prior notice of a proposed rule.

Correct Answer
verified

Administrative law is the branch of private law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.

Correct Answer
verified

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Correct Answer
verified
Administrative rules can be legislative,...
View Answer

What is required by the substantial evidence test?

Correct Answer
verified

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same legislation.

Correct Answer
verified

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court.

Correct Answer
verified

Administrative agencies could include commissions, boards, bureaus, or departments but not government corporations or offices.

Correct Answer
verified

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Correct Answer
verified

Only documentary evidence may be admitted at an administrative hearing.

Correct Answer
verified

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Correct Answer
verified

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Correct Answer
verified

Agencies may deny access to which of the following types of records?

Correct Answer
verified

Correct Answer
verified

When reviewing factual determinations of an administrative agency, the courts must always use the "arbitrary and capricious" test.

Correct Answer
verified

Administrative agencies must, within one year of their creation, make records available by electronic means.

Correct Answer
verified

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Correct Answer
verified
When informal methods to resolve an admi...
View Answer

Correct Answer
verified

Exam 5: Administrative Law

Only the federal government creates administrative law.

Correct AnswerverifiedShow Answer

Congress enacted the Administrative Procedure Act in 1946.

Correct AnswerverifiedShow Answer

Congress appoints and removes the chief administrators of federal administrative agencies.

Correct AnswerverifiedShow Answer

Informal rulemaking procedure does not require prior notice of a proposed rule.

Correct AnswerverifiedShow Answer

Administrative law is the branch of private law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.

Correct AnswerverifiedShow Answer

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Correct AnswerverifiedAdministrative rules can be legislative,...View AnswerShow Answer

What is required by the substantial evidence test?

Correct AnswerverifiedShow Answer

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same legislation.

Correct AnswerverifiedShow Answer

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court.

Correct AnswerverifiedShow Answer

Administrative agencies could include commissions, boards, bureaus, or departments but not government corporations or offices.

Correct AnswerverifiedShow Answer

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Correct AnswerverifiedShow Answer

Only documentary evidence may be admitted at an administrative hearing.

Correct AnswerverifiedShow Answer

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Correct AnswerverifiedShow Answer

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Correct AnswerverifiedShow Answer

Agencies may deny access to which of the following types of records?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

When reviewing factual determinations of an administrative agency, the courts must always use the "arbitrary and capricious" test.

Correct AnswerverifiedShow Answer

Administrative agencies must, within one year of their creation, make records available by electronic means.

Correct AnswerverifiedShow Answer

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Correct AnswerverifiedWhen informal methods to resolve an admi...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Administrative rules can be legislative,...
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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
When informal methods to resolve an admi...
View Answer

Correct Answer
verified