daily double chapter 4a

Which type of agency is generally defined as any body created by the legislative branch to carry out specific duties? A). An administrative agency B). An authoritarian agency C). a quasi-legal agency D). A procedural agency E). A ministerial agency

A). An administrative agency

Today, administrative agencies: A). Creates more rules than congress and the courts combined B). Create more rules than Congress, but fewer rules than the courts C). Create more rules than the courts, but fewer rules than congress D). Are subject to a temporary moratorium on rule making imposed by the United States Congress, pending a determination as to whether such authority violates the legislative authority of Congress E). Are subject to a temporary moratorium on rule making imposed by the United States Supreme Court, pending a review by the court regarding whether such authority is constitutional

A). Creates more rules than congress and the courts combined

The issuance of a(n) __________ is an example of an administrative agency's investigative powers. A). Subpeona B). Complaint C). Writ of certiorari D). Writ of mandamus E). Interlocutory appeal

A). Subpeona

Which of the following was the first federal administrative agency? A). The interstate commerce commission B). The securities and exchange commission C). The internal revenue service D). The social security administration E). The food and drug administration

A). The interstate commerce commission

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility? A). Procedural B). Interpretive C). Legislative D). Adjudicative E). Judicial

B). Interpretive

A(n) __________ is an order to appear and bring specified documents A). Subpeona B). Subpeona duces tecum C). Writ of certiorari D). Writ of mandamus E). Interlocutory appeal

B). Subpeona Duces Tecum

The United States Congress created the interstate commerce commission (ICC) because it felt that a regulatory body could best control the anticompetitive conduct of what industry? A). The oil industry B). The railroad industry C). The automobile industry D). The steel industry E). The construction industry

B). The railroad industry

What type of law is created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision-making? A). Equity Law B). Ministerial Law C). Administrative Law D). Enabling Law E). Ex post facto Law

C). Administrative Law

What do the initials "ALJ" represent in the context of administrative agencies and administrative law? A). Administrative Law Journal B). Administrative Law Jurisprudence C). Administrative Law Judge D). Agency Litigation Justice E). Agency Law Jurisprudence

C). Administrative Law Judge

Which of the following are rules of an agency that are policy expressions having the effect of law? A). Procedural B). Interpretive C). Legislative D). Adjudicative E). Judicial

C). Legislative

_____ legistlation is a statute that specifies the name, functions, and specific powers of an administrative agency. A). Ex post facto B). Executive C). Ex officio D). Enabling E). Ad hoc

D). Enabling

What types of powers do administrative agencies have? A). Legislative and judicial B). Judicial and executive C). Executive and legislative D). Legislative, judicial and executive E). None, since administrative agencies have only advisory authority (i.e., they advise the executive, legislative, and judicial branches of government regarding their particular areas of expertise, but must defer to the three branches of government to actually address those particular areas)

D). Legislative, Judicial, and executive

A binding decision issued by an administrative law judge (AJL) is known as a(n) __________. A). Verdict B). Consent decree C). Writ of certiorari D). Order E). Administrative Decree

D). Order

How many people sit on a jury for an administrative hearing? A). 6 B). 8 C). 12 D). 9 E). None

E). None

Administrative law consists of both substantive and ______ rules. A). de facto B). conditional C). illusory D). ex post facto E). procedural

E). Procedural

Administrative agencies typically act slower than Congress in creating and enacting new laws

False

Independent administrative agencies, often called commissions, tend to have responsibility for making rules covering a broad spectrum of industries and activities

False

Independent agencies have a tendency to focus more on social regulation, whereas executive agencies are more often focused on economic regulation

False

The Administrative Agency Recorder is the official daily publication for administrative agencies

False

The Government in Sunshine Act requires agency business meetings to be open to the public even if the agency is headed by a non-collegiate body, and the open-meeting requirement applies even when a quorum is not present.

False

The United States Congress has the power to create, but not dissolve, an administrative agency

False

The two most common types of administrative agency rule making are conditional and unconditional

False

There is a right to a jury trial in administrative agency disputes

False

administrative agencies have legislative and judicial, but not executive, powers

False

An administrative law judge's decision may not be directly appealed to a court

True

The Environmental Protection Agency (EPA) is an example of a hybrid administrative agency

True

The Small Business Administration (SBA) is an example of an executive agency

True

The first step in formal rule making is publication in the federal register of a notice of proposed rule making by the agency

True

The primary type of rule making used by administrative agencies is informal rule making

True

The unites states senate must approve presidential nominees for them to become the administrative head of agencies

True

There is a right of appeal from a decision of an administrative law judge

True

Under the Privacy Act of 1974, a federal administrative agency may not disclose information about an individual to other agencies or organizations without that individuals written consent.

True

administrative law consists of both substantive and procedural rules

True

Administrative agencies are located at the state level only

false

administrative agencies are created by the judicial branch to carry out specific duties

false