Question 1

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

Accepted Answer

A)  Sealed compromise
B)  Consent order
C)  Approved contract
D)  Administrative acknowledgement
E)  Certified agreementF) B) and C)
G) A) and B)

Question 2

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

Accepted Answer

A)  20
B)  60
C)  90
D)  0 because Congress does not review proposed agency rules
E)  30F) All of the above
G) B) and D)

Question 3

If Talia appeals to court after she is unable to resolve the issue through the agency,what would likely be the result?

Accepted Answer

A)  The court would immediately dismiss her appeal because she had no right to an appeal a decision of an agency of this type.
B)  She would lose unless she could establish bias against her because of her race,color,gender,age,or national origin.
C)  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.
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 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) A) and B)
G) A) and E)

Question 4

Set forth the stages of hybrid rule making.

Accepted Answer

The steps ...

Question 5

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Accepted Answer

A)  Hybrid
B)  Compound
C)  Registered
D)  Combined
E)  JoinedF) A) and C)
G) B) and D)

Question 6

In the case text Doe v.United States SEC,the SEC served Google with a subpoena seeking the identity of an email address linked to touting activity.Google sent the subpoena to the owner of the email address.The owner of the email address then filed a motion to quash the subpoena and information request directed at Google,which of the following was the result?

Accepted Answer

A)  The court denied the motion,finding the SEC sufficiently established email ownership and it was relevant in its touting investigation.
B)  The court granted the motion,finding a violation of the email address owner's First Amendment rights.
C)  The court denied the motion,finding the SEC proved beyond a reasonable doubt who owned the email address.
D)  The court granted the motion,finding the SEC did not meet its burden of showing how the email address was linked to the touting activity.
E)  The court denied the motion because the email address owner did not have standing,Google was the only party that had standing to challenge the subpoena.F) C) and D)
G) D) and E)

Question 7

Agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials,prior to the passage of the Administrative Procedures Act.

Accepted Answer

A) True 
 B)False

Question 8

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 EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles unless vehicle manufacturers request guidance on the issue.
B)  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.
C)  The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles.
D)  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.
E)  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.F) B) and D)
G) C) and E)

Question 9

In informal rule making,the date on which a rule becomes effective must be at least days after publication of the final rule in the Federal Register.

Accepted Answer

A)  60
B)  15
C)  20
D)  30
E)  45F) A) and B)
G) A) and C)

Question 10

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 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.
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 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)  .
E)  That the NSC was not subject to the FOIA and that it was not required to respond to the request.F) C) and D)
G) D) and E)

Question 11

is a federal independent agency.

Accepted Answer

A)  The National Science Foundation
B)  The Food and Drug Administration
C)  The Federal Trade Commission
D)  The Federal Aviation Agency
E)  The Federal Deposit Insurance CorporationF) C) and D)
G) B) and D)

Question 12

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

Question 13

Which statement is correct regarding the type or types of rules that an agency may enact?

Accepted Answer

A)  The types of rules agencies may enact are executive and interpretive.
B)  The types of rules agencies may enact are procedural,interpretive,and legislative.
C)  Agencies may enact interpretive rules only.
D)  The types of rules agencies may enact are procedural,interpretive,legislative,and executive.
E)  The types of rules agencies may enact are legislative and executive.F) A) and C)
G) C) and D)

Question 14

Set forth the steps involved in formal rule making.

Accepted Answer

The steps ...

Question 15

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

Accepted Answer

A)  The qualifications of the ALJ
B)  The agency's interpretation of the rule
C)  The facts of the case
D)  The agency's ultimate decision
E)  The scope of the agency's authorityF) A) and D)
G) B) and D)

Question 16

Formal rule making is also called notice-and-comment rule making.

Accepted Answer

A) True 
 B)False

Question 17

________ is an act passed by Congress and serves as a major limitation on how federal agencies are run.

Accepted Answer

A)  The Regulatory Restriction Act
B)  The Agency Restriction Act
C)  The Agency Regulation Act
D)  The Administrative Procedures Act
E)  The Regulatory Agency ActF) C) and D)
G) A) and E)

Question 18

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Accepted Answer

A)  The Agency Periodical
B)  The Comment and Review Forum
C)  The Congressional Review
D)  The Federal Register
E)  The Congressional RecordF) A) and C)
G) All of the above

Question 19

The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

Accepted Answer

A) True 
 B)False

Question 20

is an order issued by an agency to appear at a particular time and place and bring specified documents.

Accepted Answer

A)  A subpoena duces tecum
B)  A subpoena
C)  A summons
D)  A summons duces tecum
E)  A required documented appearanceF) A) and E)
G) All of the above

Exam 44: Administrative Law

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

If Talia appeals to court after she is unable to resolve the issue through the agency,what would likely be the result?

Correct Answer
verified

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

Correct Answer
verified

Formal rule making is also called notice-and-comment rule making.

Correct Answer
verified

________ is an act passed by Congress and serves as a major limitation on how federal agencies are run.

Correct Answer
verified

Correct Answer
verified

Agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials,prior to the passage of the Administrative Procedures Act.

Correct Answer
verified

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Correct Answer
verified

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

Correct Answer
verified

In informal rule making,the date on which a rule becomes effective must be at least days after publication of the final rule in the Federal Register.

Correct Answer
verified

The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

Correct Answer
verified

is a federal independent agency.

Correct Answer
verified

Set forth the steps involved in formal rule making.

Correct Answer
verified
The steps ...
View Answer

is an order issued by an agency to appear at a particular time and place and bring specified documents.

Correct Answer
verified

Which statement is correct regarding the type or types of rules that an agency may enact?

Correct Answer
verified

Correct Answer
verified

Set forth the stages of hybrid rule making.

Correct Answer
verified
The steps ...
View Answer

Exam 44: Administrative Law

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow 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

If Talia appeals to court after she is unable to resolve the issue through the agency,what would likely be the result?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Formal rule making is also called notice-and-comment rule making.

Correct AnswerverifiedShow Answer

________ is an act passed by Congress and serves as a major limitation on how federal agencies are run.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Agencies could decide on their own how to make rules,conduct investigations,and hold hearings and trials,prior to the passage of the Administrative Procedures Act.

Correct AnswerverifiedShow Answer

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In informal rule making,the date on which a rule becomes effective must be at least days after publication of the final rule in the Federal Register.

Correct AnswerverifiedShow Answer

The APA requires informal rule making when an enabling statute or some other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript.

Correct AnswerverifiedShow Answer

is a federal independent agency.

Correct AnswerverifiedShow Answer

Set forth the steps involved in formal rule making.

Correct AnswerverifiedThe steps ...View AnswerShow Answer

is an order issued by an agency to appear at a particular time and place and bring specified documents.

Correct AnswerverifiedShow Answer

Which statement is correct regarding the type or types of rules that an agency may enact?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Set forth the stages of hybrid rule making.

Correct AnswerverifiedThe steps ...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
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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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Correct Answer
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Correct Answer
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The steps ...
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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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The steps ...
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