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.