BLT&E-7e: Practice Quiz
Chapter 41:
Administrative Law
1.
Administrative agencies are created by:
a. the Supreme Court.
b. state supreme courts.
c. state governors.
d. Congress or state legislatures.
Answers:
a. Incorrect. The Supreme Court does not create administrative
agencies, although it may rule on the legality of their actions.
b. Incorrect. State supreme courts do not create administrative agencies.
c. Incorrect. State governors do not create administrative agencies.
d. Correct. Congress or state legislatures create administrative agencies.
2.
A cabinet department is what kind of administrative agency?
a. A police-state agency.
b. An independent agency.
c. A declaratory agency.
d. An executive agency.
Answers:
a. Incorrect. Cabinet departments in the United States are not policestate agencies.
b. Incorrect. Cabinet departments are not independent agencies.
c. Incorrect. Cabinet departments are not declaratory agencies.
d. Correct. A cabinet department is an executive agency.
3.
Which of the following is an example of an independent regulatory
agency?
a. The Office of Management and Budget.
b. The Department of Justice.
c. The Federal Trade Commission.
d. The Treasury Department.
Answers:
a. Incorrect. This is not an independent regulatory agency.
b. Incorrect. This is a cabinet department, not an independent regulatory
agency.
c. Correct. This is an example of an independent regulatory agency.
d. Incorrect. This is a cabinet department and an independent regulatory
agency.
4.
The major difference between independent regulatory agencies and
executive agencies is that:
a. executive agencies only report to Congress.
b. executive agencies are subject to the authority of the president to a
greater degree than independent regulatory agencies are.
c. independent regulatory agencies are subject to the authority of the
Congress.
d. executive agencies are directly controlled by courts.
Answers:
a. Incorrect. Executive agencies report to the president, not to Congress.
b. Correct. Executive agencies are subject to the president’s authority to
a greater degree than are the independent regulatory agencies.
c. Incorrect. Independent agencies are not subject to the authority of
Congress.
d. Incorrect. Executive agencies are not directly controlled by courts.
5.
When an administrative agency decides to create a new rule, what must it
do as a first step?
a. Issue the rule.
b. Publish a notice of the proposed rulemaking proceeding in the Federal
Register.
c. Issue a subpoena.
d. Gather information through an on-site inspection.
Answers:
a. Incorrect. An administrative rule is not issued as a first step, but only
after notification and comment.
b. Correct. An agency publishes a notice of the proposed rulemaking
proceeding in the Federal Register.
c. Incorrect. This is not the first step an agency takes when it decides to
create a new rule.
d. Incorrect. The agency would not conduct an on-site inspection as the
first step in rulemaking.
6.
With respect to administrative agency investigations, a subpoena duces
tecum does what?
a. It compels an individual to testify before an administrative agency.
b. It compels an individual to submit interrogatories to an administrative
agency.
c. It compels an individual to submit to a search.
d. It compels an individual or organization to hand over books, papers,
records, or documents to an administrative agency.
Answers:
a. Incorrect. This subpoena compels the production of documents and
other materials.
b. Incorrect. This subpoena does not require someone to submit
interrogatories.
c. Incorrect. This subpoena does not require someone to submit to a
search.
d. Correct. This subpoena requires someone or an organization to hand
over books, records, or other documents to an administrative agency.
7.
The initial hearing in administrative agency adjudication proceedings takes
place before:
a. a district court.
b. an administrative law judge (ALJ).
c. an appellate court.
d. a trial court judge.
Answers:
a. Incorrect. A district court does not first try such cases.
b. Correct. An ALJ presides over hearings concerning the violation of
administrative rules and regulations.
c. Incorrect. These cases are not first heard by appellate courts.
d. Incorrect. A trial court, or district court, judge does not first hear these
cases.
8.
Following a hearing, an administrative law judge first issues:
a. a subpoena.
b. an initial order.
c. an objection.
d. a final summation.
Answers:
a. Incorrect. The ALJ does not issue a subpoena.
b. Correct. The ALJ issues an initial order, which becomes final if no
party appeals this decision.
c. Incorrect. The ALJ does not issue an objection.
d. Incorrect. The ALJ does not issue something called a final summation.
9.
If a regulation of the Nebraska Department of Natural Resources conflicts
with an action of the federal Environmental Protection Agency (EPA), what
normally happens?
a. The Nebraska regulation prevails.
b. The Supreme Court must decide the case.
c. The EPA regulation prevails.
d. Voters must decide which action will prevail.
Answers:
a. Incorrect. In this case, the federal regulation prevails.
b. Incorrect. The Supreme Court does not decide the case.
c. Correct. Normally, when a state regulation conflicts with a federal
regulation, the federal regulation prevails.
d. Incorrect. Voters do not get a chance to decide which action prevails.
10.
The Government in the Sunshine Act requires:
a. the federal government to disclose all records.
b. the federal government to disclose certain records to any person upon
request.
c. states to create parallel administrative agencies.
d. meetings of administrative agencies to be open to public observation.
Answer:
a.
b.
c.
d.
Incorrect. No law requires this.
Incorrect. The Freedom of Information Act requires this.
Incorrect. No law requires this.
Correct. The law requires open meetings and public notification of
when these meetings will take place.