Chapter 6 Administrative Law

Match the correct letter to the numbers 1.Final order 2.Administrative law judge 3.Adjudication 4.Initial order a. The process of resolving a dispute by presenting evidence and arguments before a neutral decision maker. b. One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts. c. The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency. d. In the context of administrative law, an agency's disposition in a matter other than rulemaking. And administrative law judge's initial order becomes final unless it is appealed.

1. c 2. b 3. a 4. d

Fill in the appropriate words to complete The Arbitrary and Capricious Standard Includes Factors, Such as Whether the Agency Has Done Any of the Following: 1. Failed to provide a _________ explanation for its decision. 2. Changed its _____________________________ policy without justification. 3. Considered ______________________________ inappropriate factors. 4. Entirely failed to consider a ______________ face. 5. Rendered a decision plainly _________ to the evidence. a.Relevant b. rational c. prior d. legally e. contrary

1. rational 2. prior 3. legally 4. relevant 5. contrary

Congress has the power to "freeze" the enforcement of most federal ________ before they take effect. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

Actions

The judicial branch exercises _________ over agency powers through the courts' review of agency actions. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

Control

The law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions is the: a. Administrative Procedure Act. b. Occupational Safety and Health Act. c. Administrative Open Government Act.

a. Administrative Procedure Act.

If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule may not be binding. a. True b. False

a. True

The Federal Register is a daily publication of the executive branch that prints (and offers online) government orders, rules, comments, and regulations. a. True b. False

a. True

When regulated groups oppose a rule adopted by an agency, they can bring a lawsuit arguing that the rule was not authorized by the enabling statute. a. True b. False

a. True

William wants to obtain information from the Securities and Exchange Commission regarding the number of active cases related to insider trading. To request this information, he would need to fill which of the following with the SEC: a. a Freedom of Information Act request. b. a Regulatory Flexibility Act request. c. a Sunshine Act request. d. an SEC disclosure request.

a. a Freedom of Information Act request.

UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation of a rule that has allowed a refinery to offset an increase in emissions relating to one part of the refinery by reducing emissions in another part of the refinery. In challenging the EPA's interpretation, a court will likely a. defer to the agency's interpretation. b. seek advice from Congress. c. dismiss the suit for lack of standing. d. refer the matter to an agency sub-committee.

a. defer to the agency's interpretation.

When an agency formally creates a new rule, its first step is to: a. publish a notice of the proposed rulemaking proceeding in the Federal Register. b. solicit public comment. c. issue a subpoena

a. publish a notice of the proposed rulemaking proceeding in the Federal Register.

The Administrative Procedures Act provides that a court ______ set aside agency actions found to be 1.________ , 2. ______ , 3. __________. a. should b. may c. improper d. arbitrary e. unconscionable f. capricious g. an abuse of discretion

a. should, d. arbitrary f. capricious g. an abuse of discretion

Congress can _________ an agency all together if it wishes. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

abolish

The president has the power to _________ federal officers and also the power to veto enabling legislation. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

appoint

After the Chevron case, all of those involved in rulemaking by administrative agencies accepted that decision without discussion. a. True b. False

b. False

All cabinet departments of the executive branch are included in independent regulatory agencies. a. True b. False

b. False

The major function of today's federal agencies is adjudication. a. True b. False

b. False

BP violated the Clean Air Act by discharging pollutants from one of its refineries and was unable to reach a settlement with the EPA regarding a violation of the law. The EPA plans to go forward with a trial on this matter which will be heard by a. an appellate court judge. b. an administrative law judge. c. the Supreme Court. d. a county court judge.

b. an administrative law judge.

Federal administrative agencies are created: a. without any formal action. b. by enabling legislation passed by Congress. c. by legislative orders issued by the president

b. by enabling legislation passed by Congress.

The EPA passes a proposed a rule change to the Clean Air Act related to the discharge of emissions by factories. The EPA's action would be considered arbitrary and capricious for all of the following reasons except: a. it considered legally inappropriate factors. b. it failed to provided the required time for notice and comment. c. it changed a prior policy without justification. d. it failed to provide a rational explanation for its decision.

b. it failed to provided the required time for notice and comment.

The EPA conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings _________________________ a. may be conducted in the open b. may be closed to the public c. must be advertised d. minutes must be published .

b. may be closed to the public

The Freedom of Information Act exempts records pertaining to ________ in the Sunshine Act . a. employment b. national security d. the Food and Drug Administration e. the Government

b. national security

Another way to describe the legislative rules that agencies create is that they are _______rules. a. procedural b. substantive c. significant d. irrelevant

b. substantive

The Bureau of Alcohol, Tobacco, and Firearms suspects that Pawn Shoppe, Inc. is violating firearms regulations. To obtain evidence, the bureau: a.must obtain a search warrant. b.can search the premises and seize evidence without a search warrant. c.must have evidence of criminal activity and must obtain a search warrant before searching the premises.

b.can search the premises and seize evidence without a search warrant.

Courts generally hold that Article I of the U.S. Constitution is the ___________for all administrative law. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

basis

All administrative agencies taken together are considered the _______ of the federal government. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

bureaucracy

Did Congress _______________ address the issue in dispute in the statute? If so, the statutory language _________________________. a. prevails b. interpreted c. directly d. silent

c. directly, a. prevails

Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulator agency, is known as a. common law. b. a Congressional act. c. enabling legislation. d. administrative law.

c. enabling legislation.

The main difference between independent regulatory agencies and executive agencies is that: a. independent regulatory agencies are subject only to the authority of Congress. b. executive agencies report only to Congress. c. executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.

c. executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.

Courts historically have granted deference to an administrative agency's ___________________ a. Misinterpretation b. thought developments c. judgment d. destroying e. subjective f. reviewing g. factual h. interpretation

c. judgment

One important difference between formal litigation in a court and an administrative hearing before an administrative law judge (ALJ) is that: a.the ALJ is typically not an agency employee. b.an administrative agency proceeding is typically far more formal. c.an administrative hearing can admit hearsay as evidence. d.less information is admitted during an administrative hearing.

c.an administrative hearing can admit hearsay as evidence.

The EPA and Zenith Dry Cleaners are negotiating a settlement for alleged violations of federal emissions standards. The EPA issues subpoenas duces tecum for all of Zenith's financial records for the past two years and orders Zenith to pay the costs. Zenith challenges the subpoena on the basis that: a.an alleged violator does not have to bear the costs of complying with the subpoena. b.the subpoena was not sufficiently specific. c.the agency's request is unrelated to the emission violation and instead is aimed at pressuring Zenith into a settlement.

c.the agency's request is unrelated to the emission violation and instead is aimed at pressuring Zenith into a settlement.

AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the U.S. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is a. a judicial agency. b. a legislative agency. c. a executive agency. d. an administrative agency.

d. an administrative agency.

When making rules, 1._______________ and the 2._______________ governs an agency's rulemaking, enforcement and adjudication processes. a. the Independent Regulatory Agency Act b. the Enabling Legislation Act c. the Administrative Procedures Act. d. congress

d. congress , c. the Administrative Procedures Act.

If the statute is ____________________ or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have _______________________ the law differently. a. prevails b. interpreted c. directly d. silent

d. silent, b. interpreted

The Court's decision in the Chevron case created a new standard for courts to use when __________ agency interpretations of law. a. Misinterpretation b. thought developments c. judgment d. destroying e. subjective f. reviewing g. factual h. interpretation

f. reviewing

Congress can limit the power of federal agencies through its _________ authority. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

funding

Such deference seems appropriate when applied to an agency's analysis of ____________ questions. a. Misinterpretation b. thought developments c. judgment d. destroying e. subjective f. reviewing g. factual h. interpretation

g. factual

In the Chevron case, the United States Supreme Court created a standard of broadened deference to agencies on questions of legal ____________ a. Misinterpretation b. thought developments c. judgment d. destroying e. subjective f. reviewing g. factual h. interpretation

g. interpretation

The delegation doctrine holds that Article I grants Congress the authority to delegate some of its __________by establishing administrative agencies. a. control b. appoint c. basis d. actions e. funding f. bureaucracy g. regulations h. powers i. abolish

powers