Chapter 6 1. Administrative agencies are usually part of the legislative branch. a. False 2. Failure to comply with regulations set in place by agencies may result in the imposition of fines as well as the revocation of licenses and permits. a. True 3. Agencies lack the authority to conduct formal adjudications. a. False 4. A rule made by a federal agency is not final until approved by Congress. a. False 5. Actions of administrative agencies often affect businesses but rarely affect individuals. a. False 6. Federal administrative rules that are not properly published in the Federal Register are void. a. True 7. The U.S. Constitution does not specifically provide for administrative agencies. a. True 8. Administrative agencies have been referred to as the fourth branch of the U.S. government. a. True 9. Within a formal administrative adjudication, the hearing is conducted like a trial. a. True 10.The Fifth Amendment's protection against self-incrimination applies to all records including all those that the government requires to be kept. a. False 11.Determining whether a regulated company or person is complying with laws and regulations cannot be a function of administrative agencies because of Congressional prohibitions. a. False 12.Generally, an administrative agency may only do what Congress or the state legislature has authorized it to do. a. True 13.Agencies are required to hold a formal public hearing before enacting any regulation. a. False 14.Administrative agencies are a relatively new development in the history of the United States. a. False 15.The general rule is that agency action is ripe for judicial review when the impact of the action is sufficiently direct and immediate as to make review appropriate. a. True 16.As part of carrying out their responsibility for determining whether a regulated company or individual is complying with the applicable laws and regulations, administrative agencies must request that the Congressional committee responsible for that agency issue subpoenas to make mandatory requests for information. a. False 17.Formal agency adjudications are typically presided over by an agency member or by an administrative law judge who rules on offers of proof and relevant evidence and decides the case at hand. a. False 18.The U.S. Supreme Court has repeatedly upheld the fundamental principle that government employees acting beyond their authority can still bind the government based upon apparent authority a. False. 19.Courts will generally defer to an agency's construction of a statute within its area of expertise. a. True 20.The legislature may probe agency officials to determine why they acted as they did. a. True 21.The Fifth Amendment's protection against self-incrimination does not apply to corporations. a. True 22.Agencies are usually part of which branch of government? a. Executive 23.The U.S. government has adopted __________ to facilitate seeking consensus of the most affected groups regarding the substance of new regulations, a process which arose from the Japanese style of negotiation. a. regulatory negotiations 24.Which of the following reasons best explains the creation of administrative agencies? a. Both that Congress lacks the time to address all of the areas that it controls and that Congress lacks the necessary expertise in all of the areas it controls. 25.To carry out legislative intent, legislatures may provide an administrative agency with the authority to carry out the task. What is the order of the steps in this process? a. (1) Notice to the public; (2) evaluation of comments; (3) adoption 26.Rules adopted by a federal agency are published in the a. Federal Register. 27.A final agency rule is codified and added to the a. a. Code of Federal Regulations. 28.The Administrative Procedure Act (APA) requires federal administrative agencies to give notice to the public of intent to promulgate a rule and to provide the public with an opportunity to submit written comments before adopting a final rule. Which of the following would be exempt from this rule? a. General statements of policy 29.Which of the following is one of the earliest administrative agencies in the United States? a. Patent Office 30.______ has been called the lifeblood of administrative agencies. a. Informal discretionary action 31.Which of the following would a comment letter to an agency generally NOT contain? a. An itemization of expected damages 32.Which of the following presides over formal agency adjudications at the federal level? a. An administrative law judge 33.Which of the following agencies was created following the terrorist attacks of September 11, 2001, to be responsible for civilian aspects of national security? a. Department of Homeland Security 34.In CASE 6.1, Gutierrez-Brizuela v. Lynch (2016) before the U.S. Supreme Court, the administrative agency Board of Immigration Appeals had announced that any applicant who has entered the country illegally more than once is required to wait the ten-year period before applying for lawful residency. The question before the court was whether an administrative agency may retroactively apply a new rule that contradicts existing judicial precedent. How did the Court rule? a. The Court held that an agency's interpretation is not "legally effective" until a court, in deference to the agency, overrules itself. 35.The protection of the __________ Amendment against unreasonable searches and seizures has been largely obliterated by the courts in the area of administrative law. a. Fourth 36.A formal administrative adjudication includes the right to: a. an attorney. 37.What are the four primary ways in which an administrative agency functions? a. Making rules, conducting formal adjudications, taking informal discretionary actions, and conducting investigations 38.Under the arbitrary and capricious standard, if the agency has a choice between several courses of action, a reviewing court will presume that the chosen course is a. valid. 39.In CASE 6.2, National Association of Manufacturers v. Perez (2015), the U.S. Supreme Court considered. a. whether a posting rule was a valid exercise of the president's authority under the Procurement Act 40.In the Ragsdale v. Wolverine World Wide case discussed in the text, the question was whether the Department of Labor could validly institute a regulation giving an employee the right to an additional 12 weeks of family or medical leave if the employer failed to notify the employee that the 12 weeks of leave provided by the Family and Medical Leave Act ran concurrently with the thirty weeks of paid disability leave provided by the employer. How did the U.S. Supreme Court rule? a. The U.S. Supreme Court invalidated the regulation because it granted entitlements not set forth in the Family and Medical Leave Act and that were inconsistent with the purpose of the statute. 41.Which of the following statements is true regarding review of agency procedures? a. A court may require that an agency comply with its own procedural rules. 42.Generally, federal administrative agencies are created by: a. Congress. 43.__________ by administrative agencies provide a practical decision-making process for repetitive, frequent actions that are inappropriate to litigate in courts. a. Informal discretionary actions 44.A court will require an agency to comply with its own procedural rules and thus conform to the a. due process clause. 45.When hearing a case with regard to an agency decision, courts will generally require all of the following EXCEPT: a. an explanation of the decision maker's mental processes. 46.Statutes and agency rules often provide that courts performing judicial review of agency action may NOT rule on which of the following issues? a. Issues not raised with the agency 47.When an administrative agency adopts a regulation, it becomes binding on the: a. the agency and the public. 48.In the United States v Morgan case referenced in the text, the U.S. Supreme Court ruled it ______ for a court to allow questions regarding the ______ of the agency. a. impermissible; mental processes 49.The federal statute authorizing individuals to obtain copies of government records on any subject that is of interest is known as a. the Freedom of Information Act. 50.Which of the following is NOT true regarding the Dodd-Frank Wall Street Reform and Consumer Protection Act? a. Dodd-Frank established the Consumer Financial Protection Bureau. 51.Which of the following is NOT exempt from a Freedom of Information Act request? a. Results of government studies 52.Brett had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math. After a hearing, the agency determined that Brett had no aptitude for math and that Brett would not receive any funding. Brett, however, was not discouraged and told a friend, Lior, who just graduated from law school, that Brett would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding Brett's math aptitude that the agency did not have. Brett feels confident about winning at the federal court level. Refer to Fact Pattern 6-1. Assuming the decision by the administrative agency was a factual finding, what should Lior tell Brett regarding the standard of review the administrative agency will likely apply? a. The agency will likely apply a substantial evidence standard in any review. 53.Brett had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math. After a hearing, the agency determined that Brett had no aptitude for math and that Brett would not receive any funding. Brett, however, was not discouraged and told a friend, Lior, who just graduated from law school, that Brett would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding Brett's math aptitude that the agency did not have. Brett feels confident about winning at the federal court level. Refer to Fact Pattern 6-1. What should Lior tell Brett regarding Brett's plan to provide additional evidence to the federal court judge? a. That judicial review will likely be confined to the record compiled before the agency. 54.Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony, who had moved to Sunnyville in the previous month, did not own a dog and had no plans to get one. Tony, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Matisse, another resident, was also concerned about the law. Matisse rents a home with a fence in the backyard that was in public view and was concerned that the regulation would be applied to Matisse's dogs while in the fenced area. Matisse decided to bring a preemptive strike and sue the city for revocation of the regulation. Both Tony and Matisse rush to file suit before the city has a chance to take any action to enforce the new rule. Refer to Fact Pattern 6-2. Which of the following is the best defense the city has against the lawsuit brought by Tony? a. Tony lacks standing to sue. 55.Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony, who had moved to Sunnyville in the previous month, did not own a dog and had no plans to get one. Tony, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Matisse, another resident, was also concerned about the law. Matisse rents a home with a fence in the backyard that was in public view and was concerned that the regulation would be applied to Matisse's dogs while in the fenced area. Matisse decided to bring a preemptive strike and sue the city for revocation of the regulation. Both Tony and Matisse rush to file suit before the city has a chance to take any action to enforce the new rule. Refer to Fact Pattern 6-2. Of the following arguments, which is the best for the city to raise in the lawsuit brought by Matisse? a. The issue is not ripe for determination. 56.Delaney is in charge of a new federal agency set up to monitor farming operations. The agency wishes to institute a rule regarding the use of pesticides. Delaney tells associates to publish the proposed rule but to decline taking comments on the rule because Delaney does not want to deal with unhappy farmers. Assuming you are legal counsel to the agency, what would you tell Delaney regarding the plan to refuse comments on the proposed rule? a. a. Delaney's plan is a bad one because the Administrative Procedure Act requires that the public be given an opportunity to comment before a federal agency can promulgate a rule.