Question 1

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 2

Agencies are classified as either ______ or ______.

Accepted Answer

A)   Legislative; executive
B)   Legislative; independent
C)   Judicial; independent
D)   Executive; independent
E)   Judicial; executiveF) A) and B)
G) A) and E)

Question 3

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

Accepted Answer

A)   A vote in Congress
B)   Approval by the president through an executive order
C)   A public hearing
D)   Opportunity for all interested parties to submit written comments
E)   A hearing before an administrative law judgeF) A) and E)
G) None of the above

Question 4

Which of the following is false regarding executive agencies at the federal level?

Accepted Answer

A)   The administrative head of an executive agency is appointed by the president with the advice and consent of the U.S. House of Representatives.
B)   Executive-agency heads may be discharged by the president at any time, for any reason.
C)   When a new president is elected, he or she will typically place his or her appointees in charge of executive agencies.
D)   Executive agencies are generally located within the executive branch under one of the cabinet-level departments.
E)   Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.F) A) and B)
G) A) and C)

Question 5

Which of the following is true 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) C) and E)
G) C) and D)

Question 6

"DUI Charge." Monique was licensed by her state to train massage therapists. The state licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Monique's state is identical to the federal system.
-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) C) and E)
G) A) and D)

Question 7

Which of the following is true regarding the type of rule making done by agencies?

Accepted Answer

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

Question 8

The primary type of rule making used by administrative agencies is informal rule making.

Accepted Answer

A) True 
 B)False

Question 9

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) C) and D)
G) B) and C)

Question 10

Why are administrative agencies at times referred to as the "fourth branch of government," and are administrative agencies in fact a fourth branch of government?

Accepted Answer

Because legislative, judicial, and execu...

Question 11

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

Accepted Answer

A)   Procedural
B)   Interpretive
C)   Legislative
D)   Adjudicative
E)   ExecutiveF) B) and D)
G) All of the above

Question 12

Which of the following is true 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 denied.
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) None of the above
G) A) and E)

Question 13

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

Accepted Answer

A)   Administrative Legal Journal
B)   Agency Legal Jargon
C)   Administrative Law Judge
D)   Agency Legal Judge
E)   Agency Law JurisprudenceF) A) and B)
G) B) and D)

Question 14

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) C) and E)
G) A) and E)

Question 15

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 16

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

Accepted Answer

A)   Political
B)   Statutory
C)   Informational
D)   Approved
E)   JudicialF) A) and B)
G) C) and D)

Question 17

Which of the following was the result in Alexis Perez v. John Ashcroft, the case in the text in which the plaintiff alleged that the Immigration and Naturalization Service (INS)  wrongfully adopted a requirement of religious training in order to qualify for a visa to immigrants who seek to enter the U.S. to work in a religious vocation?

Accepted Answer

A)   That the INS wrongfully adopted the requirement without entering into the formal rule-making procedure.
B)   That the INS wrongfully adopted the requirement without entering into at least informal rule making and giving the public an opportunity to comment.
C)   That the INS initially wrongfully adopted the requirement but that it would be allowed to remain because of its long-standing nature and the fact that mandating either informal or formal rule making would not change matters.
D)   That the INS rightfully adopted the requirement because it merely represented an interpretation of previously existing INS regulations.
E)   That the INS rightfully adopted the requirement without entering into the formal rule-making procedure because of the emergency situation existing in the U.S. in regard to immigration.F) B) and D)
G) A) and E)

Question 18

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) B) and E)
G) All of the above

Question 19

Administrative agencies are located at the federal level only.

Accepted Answer

A) True 
 B)False

Question 20

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

Exam 44: Administrative Law

Which of the following is false regarding federal independent agencies?

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Which of the following is a federal independent agency?

Correct Answer
verified

The primary type of rule making used by administrative agencies is informal rule making.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Agencies are classified as either or .

Correct Answer
verified

Administrative agencies are located at the federal level only.

Correct Answer
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Which of the following is true regarding reg-neg rule making?

Correct Answer
verified

Which of the following is false regarding executive agencies at the federal level?

Correct Answer
verified

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

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 is true regarding the type of rule making done by agencies?

Correct Answer
verified

Which of the following is true regarding decisions of federal administrative law judges appealed into the federal court system?

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

Correct Answer
verified

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

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

Why are administrative agencies at times referred to as the "fourth branch of government," and are administrative agencies in fact a fourth branch of government?

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

Exam 44: Administrative Law

Which of the following is false regarding federal independent agencies?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is a federal independent agency?

Correct AnswerverifiedShow Answer

The primary type of rule making used by administrative agencies is informal rule making.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Agencies are classified as either ______ or ______.

Correct AnswerverifiedShow Answer

Administrative agencies are located at the federal level only.

Correct AnswerverifiedShow Answer

Which of the following is true regarding reg-neg rule making?

Correct AnswerverifiedShow Answer

Which of the following is false regarding executive agencies at the federal level?

Correct AnswerverifiedShow Answer

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

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 is true regarding the type of rule making done by agencies?

Correct AnswerverifiedShow Answer

Which of the following is true regarding decisions of federal administrative law judges appealed into the federal court system?

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

Correct AnswerverifiedShow Answer

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

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

Why are administrative agencies at times referred to as the "fourth branch of government," and are administrative agencies in fact a fourth branch of government?

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

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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Correct Answer
verified

Agencies are classified as either or .

Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
verified

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