Question 1

The ________ includes the date on which a rule enacted to informal rule making becomes effective, which must be at least 30 days after publication.

Accepted Answer

A)   Code of Regulations
B)   Agency Procedures
C)   Federal Register
D)   Constitution
E)   Administrative Procedures SupplementF) None of the above
G) A) and B) C

Question 2

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 B)
G) B) and C)

Question 3

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) B) and D)
G) A) and B)

Question 4

When a case is on judicial review, which of the following can a reviewing court not consider?

Accepted Answer

A)   The facts of the case
B)   The agency's interpretation of the rule
C)   The agency's ultimate decision
D)   The scope of the agency's authority
E)   The qualifications of the ALJF) None of the above
G) A) and D)

Question 5

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

Accepted Answer

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

Question 6

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

Accepted Answer

A)   Procedural
B)   Executive
C)   Internal
D)   Adjudicative
E)   PossessionF) A) and D)
G) D) and E)

Question 7

[License Challenge] Talia 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. While driving home late one night from a party, Talia was stopped by police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the conviction, the officials of the agency met, decided that Talia might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Talia 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 Talia's state is identical to the federal system.
-Regarding the statement of the agency that Talia had no right to appeal to court, which statement is true?

Accepted Answer

A)   The agency representative was wrong; and if Talia cannot resolve the issue within the agency, she may appeal to court for judicial review.
B)   Because the agency was set up to protect the safety of the public, the agency representative is correct unless Talia can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C)   Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D)   Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E)   Because the agency was set up to protect the safety of the public, the agency representative is correct; and Talia has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.F) A) and B)
G) B) and C)

Question 8

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 9

If Marlink is wanting to know how an agency will interpret a specific rule, she should look to which of the following?

Accepted Answer

A)   Regulator rules
B)   Purpose statements
C)   Interpretive rules
D)   Procedural rules
E)   Application statementF) None of the above
G) A) and B) C

Question 10

Set forth the stages of hybrid rule making.

Accepted Answer

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

Question 11

Which of the following would be rules that explain how an agency views the meaning of statutes?

Accepted Answer

A)   Substantive
B)   Legislative
C)   Analytical
D)   Interpretive
E)   ExecutiveF) A) and B)
G) A) and C)

Question 12

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

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 at 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) A) and C)
G) C) and D)

Question 13

________ is a federal executive agency located within the Department of Transportation.

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 Federal Aviation AgencyF) B) and C)
G) A) and E)

Question 14

The Interstate Commerce Commission was created by Congress as a means to better control the anticompetitive conduct of railroads.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

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

Question 16

What are the two classifications of agencies?

Accepted Answer

A)   Judicial; federal
B)   Independent; federal
C)   Judicial; independent
D)   Executive; independent
E)   Judicial; executiveF) B) and C)
G) D) and E) D

Question 17

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

Question 18

Executive agencies are generally located within the executive branch, under one of the ________ and are referred to as cabinet-level agencies.

Accepted Answer

A)   judicial departments
B)   adjudicative departments
C)   cabinet-level departments
D)   presidential cabinet agencies
E)   presidential agenda departmentsF) A) and B)
G) None of the above

Question 19

Administrative agencies are located at the federal level only.

Accepted Answer

A) True 
 B)False

Question 20

Which agency was the first administrative agency created by Congress in the U.S. designed to help combat the anti-competitive nature of the railroads?

Accepted Answer

A)   Interstate Commerce Commission.
B)   Environmental Protection Agency
C)   National Labor Relations Agency
D)   Railroad Commission Agency
E)   Workers CommissionF) All of the above
G) A) and B)

Exam 44: Administrative Law

The ________ includes the date on which a rule enacted to informal rule making becomes effective, which must be at least 30 days after publication.

Correct Answer
verified
C

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

Correct Answer
verified

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

Correct Answer
verified

When a case is on judicial review, which of the following can a reviewing court not consider?

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
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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

If Marlink is wanting to know how an agency will interpret a specific rule, she should look to which of the following?

Correct Answer
verified
C

Set forth the stages of hybrid rule making.

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

Which of the following would be rules that explain how an agency views the meaning of statutes?

Correct Answer
verified

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

Correct Answer
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________ is a federal executive agency located within the Department of Transportation.

Correct Answer
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The Interstate Commerce Commission was created by Congress as a means to better control the anticompetitive conduct of railroads.

Correct Answer
verified

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

Correct Answer
verified

What are the two classifications of agencies?

Correct Answer
verified
D

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

Correct Answer
verified

Executive agencies are generally located within the executive branch, under one of the ________ and are referred to as cabinet-level agencies.

Correct Answer
verified

Administrative agencies are located at the federal level only.

Correct Answer
verified

Which agency was the first administrative agency created by Congress in the U.S. designed to help combat the anti-competitive nature of the railroads?

Correct Answer
verified

Exam 44: Administrative Law

The ________ includes the date on which a rule enacted to informal rule making becomes effective, which must be at least 30 days after publication.

Correct AnswerverifiedC

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

When a case is on judicial review, which of the following can a reviewing court not consider?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

If Marlink is wanting to know how an agency will interpret a specific rule, she should look to which of the following?

Correct AnswerverifiedC

Set forth the stages of hybrid rule making.

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

Which of the following would be rules that explain how an agency views the meaning of statutes?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

________ is a federal executive agency located within the Department of Transportation.

Correct AnswerverifiedShow Answer

The Interstate Commerce Commission was created by Congress as a means to better control the anticompetitive conduct of railroads.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

What are the two classifications of agencies?

Correct AnswerverifiedD

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

Correct AnswerverifiedShow Answer

Executive agencies are generally located within the executive branch, under one of the ________ and are referred to as cabinet-level agencies.

Correct AnswerverifiedShow Answer

Administrative agencies are located at the federal level only.

Correct AnswerverifiedShow Answer

Which agency was the first administrative agency created by Congress in the U.S. designed to help combat the anti-competitive nature of the railroads?

Correct AnswerverifiedShow Answer

Correct Answer
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C

Correct Answer
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C

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The steps of hybrid rule making are as f...
View Answer

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Correct Answer
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D

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