Exam 44: Administrative Law

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.

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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.

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A) Social; economic
B) Political; safety
C) Social; political
D) Safety; social
E) Economic; safety

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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.

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

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

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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.

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A) 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.
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 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.
D) ABC Co. is incorrect and the agency had the power to issue a document called a subpoena requiring attendance at a hearing and a document called a subpoena duces tecum requiring that ABC Co. bring specified documents to the hearing.
E) ABC Co. is incorrect and the agency had the power to issue a document called a certified order requiring attendance at a hearing and a document called a summons requiring that ABC Co. bring specified documents to the hearing.

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A) Regulatory rule
B) Explanatory rule
C) Interpretive rule
D) Analysis rule
E) Application rule

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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.

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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 (NSA) .
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.

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A) A subpoena
B) A subpoena duces tecum
C) A summons
D) A summons duces tecum
E) A required documented appearance

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A) Executive law
B) Congressional law
C) Administrative law
D) Enabling law
E) Rule law

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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.

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A) Informal
B) Formal
C) Legislative
D) Regulatory
E) Procedural

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A) Procedural
B) Interpretive
C) Legislative
D) Adjudicative
E) Executive

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A) The agency representative was wrong; and if Monique 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 Monique 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 Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

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