Question 1

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 Accordingly, her license to teach massage therapy was revoked.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

Question 2

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

Question 3

Which of the following is a federal executive agency?

Accepted Answer

A)   The Food and Drug Administration
B)   The Federal Trade Commission
C)   The Securities and Exchange Commission
D)   The Federal Communications Commission
E)   The Equal Employment Opportunity CommissionF) A) and E)
G) All of the above

Question 4

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 D)
G) A) and E)

Question 5

Which of the following was the result in Electronic Privacy Information Center v. National Security Administration, the case in the text involving whether the National Security Council (NSC)  was required to respond under the Freedom of Information Act (FOIA)  to a request made by the plaintiff and referred to the NSC by the National Security Administration (NSA) ?

Accepted Answer

A)   That the NSC was subject to the FOIA but that it only had to respond to requests made directly to it, not to requests referred to it by another agency such as the National Security Administration (NS
A)  .
B)   That the NSC was subject to the FOIA and that it was required to produce the information requested by the plaintiff.
C)   That the NSC was subject to the FOIA but that the proper procedure was for the NSC to provide the documents to the NSA for review prior to production to the plaintiff.
D)   That the NSC was not subject to the FOIA and that it was not required to respond to the request.
E)   That the NSC was not subject to the FOIA but that it was required to respond to the plaintiff's request because the request was directly provided to the NSC by the NSA, an agency subject to the FOIA.F) B) and D)
G) None of the above

Question 6

Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?

Accepted Answer

A)   A subpoena
B)   A subpoena duces tecum
C)   A summons
D)   A summons duces tecum
E)   A required documented appearanceF) B) and E)
G) A) and E)

Question 7

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 D)
G) B) and C)

Question 8

If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required, a court will interpret the rule as requiring formal rule making.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is false regarding the Freedom of Information Act?

Accepted Answer

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

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 E)
G) C) and E)

Question 11

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

Question 12

Which of the following 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)   Interpretive statements
C)   Planning notices
D)   Review statements
E)   Warning noticesF) C) and E)
G) All of the above

Question 13

Which of the following is involved when an agency is referred to as a "captured" agency?

Accepted Answer

A)   A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.
B)   A belief that agency officials are unduly influenced by their political party.
C)   A belief that agency officials are unduly influenced by politicians in the state in which the agency is located.
D)   A belief that agency officials are unduly influenced by politicians in states most affected by the regulations issued by the agency.
E)   A belief that agency officials are unduly influenced by the desires of Congress.F) D) and E)
G) A) and E)

Question 14

In order to be upheld in court, an agency's fact finding must be supported by which of the following?

Accepted Answer

A)   Substantial evidence
B)   A rational basis
C)   Any evidence
D)   Material evidence
E)   Non-hearsay evidenceF) A) and D)
G) A) and B)

Question 15

Set forth the steps involved in formal rule making.

Accepted Answer

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

Question 16

"Four Paws Protection." Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
-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 C)
G) A) and D)

Question 17

Which of the following was the result at the U.S. Supreme Court level on the issue of whether, in order to address global climate change, the Clean Air Act authorizes the EPA to issue regulations involving the emission of greenhouse gases from new motor vehicles?

Accepted Answer

A)   The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that it forms a judgment that such admissions contribute to climate change.
B)   The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that Congress determines that such gasses significantly contribute to global climate change but that since Congress has made no such determination, the EPA is powerless to act on the issue.
C)   The Court held that regardless of whether any determination is made as to the danger posed by such emissions, the Clean Air Act authorizes the EPA, in the director's discretion, to regulate greenhouse gas emissions from new motor vehicles.
D)   The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles.
E)   The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles unless vehicle manufacturers request guidance on the issue.F) A) and E)
G) A) and D)

Question 18

"New Agency." Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and can be removed only for cause. No more than a majority of the commissioners may be from the same political party. The agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Debby's boss, Blaire, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Blaire also told her that at this point she was not very interested in hybrid rule making.
-Which of the following is the appropriate agency classification for the Accounting Commission?

Accepted Answer

A)   Executive
B)   Independent
C)   Administrative
D)   Legislative
E)   JudicialF) A) and E)
G) C) and D)

Question 19

"Four Paws Protection." Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
-Which of the following is the correct term for legislation passed by Congress specifying the name, functions, and specific powers of the Animal Protection Commission?

Accepted Answer

A)   Enabling legislation
B)   Enacting legislation
C)   Approving legislation
D)   Administrative regulation
E)   Agency regulationF) A) and C)
G) A) and B)

Question 20

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) B) and E)
G) A) and B)

Exam 44: Administrative Law

In order to be upheld in court, an agency's fact finding must be supported by which of the following?

Correct Answer
verified

Set forth the steps involved in formal rule making.

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

Which of the following was the result at the U.S. Supreme Court level on the issue of whether, in order to address global climate change, the Clean Air Act authorizes the EPA to issue regulations involving the emission of greenhouse gases from new motor vehicles?

Correct Answer
verified

Correct Answer
verified

Which of the following is a federal executive agency?

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

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

Which of the following is involved when an agency is referred to as a "captured" agency?

Correct Answer
verified

Which of the following is false regarding the Freedom of Information Act?

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required, a court will interpret the rule as requiring formal rule making.

Correct Answer
verified

Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities?

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Exam 44: Administrative Law

In order to be upheld in court, an agency's fact finding must be supported by which of the following?

Correct AnswerverifiedShow Answer

Set forth the steps involved in formal rule making.

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

Which of the following was the result at the U.S. Supreme Court level on the issue of whether, in order to address global climate change, the Clean Air Act authorizes the EPA to issue regulations involving the emission of greenhouse gases from new motor vehicles?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is a federal executive agency?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

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 AnswerverifiedShow Answer

Which of the following is involved when an agency is referred to as a "captured" agency?

Correct AnswerverifiedShow Answer

Which of the following is false regarding the Freedom of Information Act?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required, a court will interpret the rule as requiring formal rule making.

Correct AnswerverifiedShow Answer

Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

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

Correct Answer
verified

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
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Correct Answer
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