Question 1

Agencies that regulate state-chartered banks, worker's compensation, state universities, and state taxes are assigned duties by the .

Accepted Answer

A)   administrative law judges of the state
B)   state legislature
C)   judicial branch of the government
D)   president and Congress

Question 2

Any rule that affects, directly or indirectly, agencies such as the Environmental Protection Agency or the Federal Trade Commission is called a(n)  law.

Accepted Answer

A)   executive
B)   administrative
C)   governing
D)   presidential

Question 3

Which of the following statutes contains the Code of Federal Regulations (CFR) ?

Accepted Answer

A)   The Government in Sunshine Act
B)   The Federal Privacy Act
C)   The Federal Register Act
D)   The Freedom of Information Act

Question 4

The greatest legislative limitation on agency power lies in .

Accepted Answer

A)   Congress's power to investigate all claims made against an agency or its officials
B)   Congress's power of oversight over agencies to ensure that they have carried out their mandated functions
C)   Congress's ability to limit the authority of administrative agencies
D)   Congress's right to approve or disapprove an agency budget submitted by the executive branch

Question 5

Statutes that allow the U.S. Congress to create federal administrative agencies are called .

Accepted Answer

A)   enabling legislation
B)   substantive rules
C)   procedural rules
D)   ex post facto laws

Question 6

Which of the following is the first step pursued by an administrative agency in carrying out its adjudicative function in individual cases?

Accepted Answer

A)   The agency against whom the complaint is made submits themselves to a hearing and decision by the administrative law judge.
B)   The agency files a complaint against the party with an administrative law judge (ALJ) .
C)   The agency notifies the party against whom the complaint is made and conducts an investigation into the merits of the complaint.
D)   The agency negotiates with the party against whom the complaint is made to see if it can get the party to voluntarily stop the violation.

Question 7

Julio Esteban is a U.S. citizen whose grandparents had immigrated to the United State during World War II. Last month, Julio travelled to Egypt on business. On his return to the United States, he was detained at the airport on suspicion of being an illegal immigrant. Though he showed all the relevant documents proving his U.S. citizenship to the U.S. Immigration and Customs enforcement officials, he was held in a federal immigration detention center for two days before his lawyer got him out. In this scenario, Julio can sue the U.S. Immigration and Customs enforcement agency under the .

Accepted Answer

A)   Federal Register Act of 1933
B)   Federal Privacy Act of 1974
C)   Federal Tort Claims Act of 1946
D)   Freedom of Information Act of 1966

Question 8

Section 553 of the Administrative Procedure Act (APA)  allows administrative agencies to decide whether there will be public participation in rulemaking proceedings relating to "military or foreign affairs" and "agency management or personnel," as well as in proceedings relating to "public property, loans, grants, benefits, or contracts" of an agency. This is known as  	 rulemaking.

Accepted Answer

A)  	informal
B)  	exempted
C)  	formal
D)  	hybrid

Question 9

Which of the following is a reason for the growth of administrative agencies?

Accepted Answer

A)   Administrative agency hearings are governed by strict rules of evidence.
B)   The staff of each of the agencies has technical expertise in a wide range of areas.
C)   Administrative agency hearings reduce the burden on the state and federal court systems.
D)   Administrative agencies promote deregulation in all industries.

Question 10

The Securities and Exchange Commission was intended to be a "watchdog" agency that would ensure full disclosure of material information to the investing public.

Accepted Answer

A) True 
 B)False

Question 11

The Department of Homeland Security (DHS)  is an example of a(n)  administrative agency.

Accepted Answer

A)   independent
B)   executive
C)   quasi-
D)   sua sponte

Question 12

Which of the following is true of administrative agencies?

Accepted Answer

A)   An enabling statute delegates congressional executive powers to them for the purpose of serving the public interest.
B)   An enabling statute delegates legislative powers to them in order to settle or adjudicate disputes with businesses.
C)   All their proposed rules, whether major or minor, are subject to the review of the Office of Management and Budget.
D)   They have to identify possible alternatives to a proposed regulation that would require no government action.

Question 13

The Commodity Futures Trading Commission (CFTC)  is an example of a(n)  administrative agency.

Accepted Answer

A)   independent
B)   executive
C)   quasi-
D)   sua sponte

Question 14

In general, an enabling statute delegates to an administrative agency congressional executive power for the purpose of serving the "public interest, convenience, and necessity."

Accepted Answer

A) True 
 B)False

Question 15

Which of the following statements is true of state and local administrative agencies?

Accepted Answer

A)   When federal and state agency laws conflict, the Supremacy Clause of Article VI of the U.S. Constitution plays a decisive role.
B)   State and local administrative agencies have been created by only 25 states of the United States.
C)   Real estate planning boards, zoning commissions, and supervisory boards operate at the state level.
D)   Agencies that regulate state-chartered banks are assigned duties by Congress, but governed by the state legislature.

Question 16

Most states have utilities commissions, or the equivalent, that regulate local and in-state telephone rates.

Accepted Answer

A) True 
 B)False

Question 17

A party can appeal an administrative law judge's decision to the full commission or agency head and ultimately to a federal court of appeals and the U.S. Supreme Court.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is true of a substantive rule?

Accepted Answer

A)   It has an impact on the internal processes by which an agency functions.
B)   It defines the rights of parties involved in an agency hearing.
C)   It prescribes methods of enforcing rights.
D)   It controls the method by which jurisdiction is balanced between federal and state agencies.

Question 19

A recommended decision of an administrative law judge becomes the final action for an agency if an appeal is taken to the full commission by either the staff or the respondent.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is the first step in an informal rulemaking process?

Accepted Answer

A)   Proposed rules are published in the Federal Register.
B)   Interested parties file written comments on the written draft within a 30-day period from publication in the Federal Register.
C)   Agency drafts rules in consultation with interested parties.
D)   Agency receives feedback from interested parties and makes a decision on whether the final draft should be rewritten.

Exam 18: The Law of Administrative Agencies

The Commodity Futures Trading Commission (CFTC) is an example of a(n) administrative agency.

Correct Answer
verified

In general, an enabling statute delegates to an administrative agency congressional executive power for the purpose of serving the "public interest, convenience, and necessity."

Correct Answer
verified

A party can appeal an administrative law judge's decision to the full commission or agency head and ultimately to a federal court of appeals and the U.S. Supreme Court.

Correct Answer
verified

The Department of Homeland Security (DHS) is an example of a(n) administrative agency.

Correct Answer
verified

Agencies that regulate state-chartered banks, worker's compensation, state universities, and state taxes are assigned duties by the .

Correct Answer
verified

Most states have utilities commissions, or the equivalent, that regulate local and in-state telephone rates.

Correct Answer
verified

Which of the following is a reason for the growth of administrative agencies?

Correct Answer
verified

Any rule that affects, directly or indirectly, agencies such as the Environmental Protection Agency or the Federal Trade Commission is called a(n) law.

Correct Answer
verified

Which of the following statutes contains the Code of Federal Regulations (CFR) ?

Correct Answer
verified

The Securities and Exchange Commission was intended to be a "watchdog" agency that would ensure full disclosure of material information to the investing public.

Correct Answer
verified

The greatest legislative limitation on agency power lies in .

Correct Answer
verified

Which of the following is the first step pursued by an administrative agency in carrying out its adjudicative function in individual cases?

Correct Answer
verified

A recommended decision of an administrative law judge becomes the final action for an agency if an appeal is taken to the full commission by either the staff or the respondent.

Correct Answer
verified

Statutes that allow the U.S. Congress to create federal administrative agencies are called .

Correct Answer
verified

Correct Answer
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Which of the following is the first step in an informal rulemaking process?

Correct Answer
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Which of the following is true of a substantive rule?

Correct Answer
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Which of the following is true of administrative agencies?

Correct Answer
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Correct Answer
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Which of the following statements is true of state and local administrative agencies?

Correct Answer
verified

Exam 18: The Law of Administrative Agencies

The Commodity Futures Trading Commission (CFTC) is an example of a(n) administrative agency.

Correct AnswerverifiedShow Answer

In general, an enabling statute delegates to an administrative agency congressional executive power for the purpose of serving the "public interest, convenience, and necessity."

Correct AnswerverifiedShow Answer

A party can appeal an administrative law judge's decision to the full commission or agency head and ultimately to a federal court of appeals and the U.S. Supreme Court.

Correct AnswerverifiedShow Answer

The Department of Homeland Security (DHS) is an example of a(n) administrative agency.

Correct AnswerverifiedShow Answer

Agencies that regulate state-chartered banks, worker's compensation, state universities, and state taxes are assigned duties by the .

Correct AnswerverifiedShow Answer

Most states have utilities commissions, or the equivalent, that regulate local and in-state telephone rates.

Correct AnswerverifiedShow Answer

Which of the following is a reason for the growth of administrative agencies?

Correct AnswerverifiedShow Answer

Any rule that affects, directly or indirectly, agencies such as the Environmental Protection Agency or the Federal Trade Commission is called a(n) law.

Correct AnswerverifiedShow Answer

Which of the following statutes contains the Code of Federal Regulations (CFR) ?

Correct AnswerverifiedShow Answer

The Securities and Exchange Commission was intended to be a "watchdog" agency that would ensure full disclosure of material information to the investing public.

Correct AnswerverifiedShow Answer

The greatest legislative limitation on agency power lies in .

Correct AnswerverifiedShow Answer

Which of the following is the first step pursued by an administrative agency in carrying out its adjudicative function in individual cases?

Correct AnswerverifiedShow Answer

A recommended decision of an administrative law judge becomes the final action for an agency if an appeal is taken to the full commission by either the staff or the respondent.

Correct AnswerverifiedShow Answer

Statutes that allow the U.S. Congress to create federal administrative agencies are called .

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is the first step in an informal rulemaking process?

Correct AnswerverifiedShow Answer

Which of the following is true of a substantive rule?

Correct AnswerverifiedShow Answer

Which of the following is true of administrative agencies?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following statements is true of state and local administrative agencies?

Correct AnswerverifiedShow Answer

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