FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 5: Administrative Law

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 1

Multiple Choice

Review LaterAdd Note

Review Later

How are ALJs selected?

A) They are appointed by the president and then confirmed by Congress.
B) They are elected by Congress.
C) They are appointed by the president without confirmation by Congress.
D) They are appointed by the agency through a professional merit selection system.

E) C) and D)
F) A) and D)

Correct Answer

verified

Show Answer

Question 2

True/False

Review LaterAdd Note

Review Later

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

A) True
B) False

Correct Answer

verified

Show Answer

Question 3

True/False

Review LaterAdd Note

Legislative rules by an administrative agency do not have the force of law.

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

The __________ is the federal statute requiring most records in agency files to be accessible to the public.

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions?

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Rulemaking powers of federal agencies are primarily governed by the:

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

The Lujan v. Defenders of Wildlife case involved:

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

Congress enacted the Administrative Procedure Act in 1946.

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Administrative hearings are held before a jury, just as are court hearings.

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.