ch 17

113. The primary tool for local, state, and federal governments use to perform regulatory functions is the: (A) administrative agency (B) regulatory agency (C) real agency (D) courts (E) police force

(A)

117. The Interstate Commerce Commission was the: (A) first modern federal regulatory agency (B) the most famous modern federal regulatory agency (C) the latest modern federal regulatory agency (D) the biggest modern federal regulatory agency (E) the smallest modern federal regulatory agency

(A)

131. About how many federal agencies share the responsibility for regulating various aspects of business activity? (A) 50 (B) 125 (C) 200 (D) 250 (E) 300

(A)

137. An enabling statute is a(n): (A) federal law passed by Congress granting powers to an agency (B) local law passed by the local legislature granting powers to an agency (C) state law passed by the state supreme court granting powers to an agency (D) state law passed by the state legislature granting powers to an agency (E) unofficial mandate passed by Congress granting powers to an agency

(A)

143. Enabling statutes are also sometimes called: (A) organic statutes (B) regulatory statutes (C) legislative delegations (D) organic delegations (E) regulatory delegations

(A)

145. Organic statue is another term for: (A) enabling statute (B) regulatory statute (C) legislative delegation (D) organic delegation (E) none of the other choices are correct

(A)

148. Administrative agencies are created when: (A) a problem requires expertise and supervision (B) voters demand one (C) Congress wants support from a group of voters (D) a problem is too small for Congress to consider itself (E) a problem arises very quickly

(A)

149. If Congress is not satisfied with the way an administrative agency is performing it: (A) can change how the agency operates (B) can only change how the agency operates if voters agree (C) can only change how the agency operates through a Supreme Court order (D) cannot change how the agency operates (E) none of the other choices are correct

(A)

150. The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as: (A) administrative law (B) tort law (C) legislative delegation law (D) agency law (E) business law

(A)

161. Regulatory agencies engage in rulemaking. This authority comes primarily from: (A) Congress, under the Commerce and Necessary and Proper Clauses (B) the Supreme Court, to enable the agencies to assist in enforcement of federal statutes (C) the President, to allow agencies to implement the programs of the administration (D) Congress, under the Commerce and Necessary and Proper Clauses and the Supreme Court, to enable the agencies to assist in enforcement of federal statutes (E) Congress, under the Commerce and Necessary and Proper Clauses and the Supreme Court, to enable the agencies to assist in enforcement of federal statutes and the President, to allow agencies to implement the programs of the administration

(A)

164. Administrative agencies engage in rulemaking to: (A) develop regulatory policies (B) determine if Congressional statutes should be implemented (C) determine rules for court procedures (D) determine rules for Executive branch operations (E) all of the other choices

(A)

182. Interpretative rules issued by administrative agencies are: (A) statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice (B) judicial statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

(A)

186. In contrast to legislative rules, interpretative rules are: (A) exempt from the notice and comment requirements of the APA (B) not exempt from the notice and comment requirements of the APA (C) exempt from the rule of law (D) not exempt from the rule of law (E) exempt from the commerce clause

(A)

190. The details of an agency's structure and how it operates internally are covered in: (A) procedural rules (B) agency rules (C) structural rules (D) formal rules (E) interpretative rules

(A)

192. ____ detail an agency's structure and describe its method of operation and its internal practices. (A) procedural rules (B) agency rules (C) structural rules (D) formal rules (E) interpretative rules

(A)

200. The usual public comment period for substantive rules is: (A) 60 to 90 days (B) 6 to 9 months (C) 1 year (D) 5 years (E) 30 days

(A)

204. If a statute requires that administrative rule making must be "on the record" then the agency: (A) must hold hearings at which witnesses appear to testify about the proposed rule (B) need not hold hearings at which witnesses appear to testify about the proposed rule (C) must have both physical and electronic copies of all rules (D) need only have electronic copies of all rules (E) must have video recordings of the drafting of all relevant rules

(A)

217. If evidence of regulatory violations can be obtained from observations made in areas the public has access to: (A) there is no need to obtain a warrant (B) there is still a need to obtain a warrant (C) a warrant must still be obtained if the evidence is going to appear in court (D) some states still require that a warrant be obtained (E) a company may require that a warrant be obtained before it will consent to pay fines

(A)

223. A legal instrument that directs the person receiving it to appear at a specified time and place to testify or to produce documents is a(n): (A) subpoena (B) regulatory summons (C) violation summons (D) administrative summons (E) agency summons

(A)

237. Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected: (A) the violation may be cleared up informally (B) under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the company (C) the inspector must file a formal complaint, but the company could agree to correct the problem before litigation (D) all suspected violations must be reported to a U.S. Attorney for consideration for prosecution (E) none of the other choices

(A)

260. In an adjudicatory hearing a(n) ____ presides over the hearing. (A) administrative law judge (B) federal magistrate (C) administrative agency judge (D) impartial third party (E) state supreme court justice

(A)

276. Five procedural requirements for judicial review of a challenge to an agency decision are: (A) jurisdiction, reviewability, standing, ripeness and exhaustion (B) jurisdiction, standing, ripeness, exhaustion, and appealability (C) reviewability, ripeness, exhaustion, diversity of action, and venue (D) ripeness, exhaustion, jurisdiction, reviewability, and discretion (E) none of the other choices

(A)

281. The procedural requirement of ____ requires that the complaining party may seek judicial review only in courts that have power to hear the case. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion

(A)

283. In Japan, as compared to the U.S., administrative agencies exert: (A) strong regulatory control over business (B) a weak force over the activities of businesses (C) only warnings to businesses (D) only highly formalized suggestions to businesses (E) none of the other choices

(A)

285. Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses: (A) direction (B) pleading (C) supplication (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A)

286. Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses: (A) encouragement (B) pleading (C) supplication (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A)

291. In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court held: (A) the plaintiffs had no standing to bring the case because there was no injury in fact (B) the plaintiffs had standing because they had visited the area where the crocodiles lived (C) the animals at issue were not endangered and so were not the proper subject of a lawsuit (D) although the plaintiffs had standing to sue, the issue of saving crocodiles was beyond the court's expertise (E) the Endangered Species Act was the wrong statute under which to bring this claim

(A)

303. Courts may not review agency actions if: (A) judicial review is prohibited by statute (B) the Supreme Court is not in session (C) the agency requests special protection (D) the agency invokes its Constitutional rights (E) none of the other choices are correct

(A)

308. The ____ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right. (A) exhaustion doctrine (B) standing doctrine (C) judicial doctrine (D) judicial review doctrine (E) substantive determination doctrine

(A)

315. The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if the following conditions are met except: (A) the agency's action was approved by its Congressional oversight committee (B) the agency has established a factual basis that is in the agency's record (C) a reasonable person could reach the same judgment as the agency on the basis of the agency's record (D) the agency has sufficiently explained the facts and its policy concerns (E) all of the other choices are necessary

(A)

318. The aspects of agency actions given the most intense scope of review by the courts are: (A) procedural requirements (B) factual basis for imposition of regulations (C) connection to statutory power grant (D) cost to benefit relationships (E) none of the other choices

(A)

324. Presidents use ____ to instruct administrative agencies to undertake certain tasks. (A) executive orders (B) executive suggestions (C) executive budget cuts (D) executive writings (E) executive mandates

(A)

326. The ____ makes most documents held by federal agencies available to the public. (A) Freedom of Information Act (B) Data Quality Act (C) Data Obtaining Act (D) Privacy Act (E) Scientific and Technical Support Act

(A)

332. The purpose of the Government in the Sunshine Act is to: (A) limit secret meetings by administrative agencies (B) allow secret meetings by administrative agencies (C) limit pollution by administrative agencies (D) increase the power of administrative agencies (E) none of the other choices are correct

(A)

114. According to the Supreme Court, what is one of the most significant legal trends of the last century: (A) the decline of administration bodies (B) the rise of administration bodies (C) the decline of tort suits (D) the rise of tort suits (E) the decline of cases taken to the Supreme Court

(B)

125. A(n) ____ is an authority of the government, other than a legislature or a court, created to administer a particular law. (A) regulatory agency (B) administrative agency (C) legislative agency (D) private agency (E) litigation agency

(B)

134. A legislative delegation: (A) does not delegate to an agency the power to perform its regulatory purpose (B) delegates to an agency the power to perform its regulatory purpose (C) describes to an agency the guidelines for performing its regulatory purpose (D) describes to a court an agency's power (E) delegates responsibilities within an already created agency

(B)

139. Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called: (A) an administrative statute (B) an enabling statute (C) a regulatory statute (D) a permanence statute (E) a public interest statute

(B)

141. A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority. (A) administrative statute (B) enabling statute (C) regulatory statute (D) permanence statute (E) public interest statute

(B)

155. The primary structure of administrative law is determined by the: (A) Administrative Agencies Act (B) Administrative Procedures Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) Administrative Structural Act

(B)

157. The primary purpose of the Administrative Procedures Act is: (A) to provide the judiciary with procedural rules in administrative cases (B) to define procedural rules and formalities of administrative agencies (C) to create a federal bureaucracy to handle the complex problems of business (D) to regulate the procedural requirements of criminal law (E) to amend the common law so the courts can delegate some of their authority to administrative agencies

(B)

159. Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal agencies. (A) Administrative Agencies Act (B) Administrative Procedures Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) Administrative Structural Act

(B)

166. An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of: (A) document drafting (B) rule making (C) rule enforcing (D) rule writing (E) rule passing

(B)

172. Substantive (legislative) rules issued by agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force and effect of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

(B)

180. When an agency issues a substantive rule, it is generally required by the APA to: (A) interview all parties who will be affected by the regulation before it issues a final order (B) provide public notice and the opportunity for interested parties to comment (C) inform the President of the proposed rule (D) receive the approval of both houses of Congress before it issues a final order (E) inform the President of the proposed rule and receive the approval of both houses of Congress before it issues a final order and interview all parties who will be affected by the regulation before it issues a final order

(B)

205. Who ensures that an agency has not exceeded its authority or violated proper procedure in issuing a final rule: (A) the state supreme courts (B) the U.S. Court of Appeals (C) the President of the United States (D) Congress (E) the House of Representatives

(B)

215. Testing by the EPA for excessive air pollution emissions is an example of acquiring information by: (A) indirect observation (B) direct observation (C) power of subpoena (D) direct enforcement (E) obvious observation

(B)

216. Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by: (A) indirect observation (B) direct observation (C) power of subpoena (D) direct enforcement (E) obvious observation

(B)

226. Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: (A) only be issued when there is good cause to believe that a violation of the law has occurred (B) be used to get confidential information (C) only be issued by a federal district judge (D) be used to obtain any information agencies want and no reasons need be given (E) none of the other choices

(B)

233. Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party: (A) the Department of Agencies (B) the Department of Justice (C) the Department of Defense (D) the Department of Regulation (E) the Department of Business

(B)

258. An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a: (A) member of the federal bench (B) civil service employee of the agency (C) municipal judge (D) member of the state bench (E) circuit court judge

(B)

269. There is no right to trial by jury in a hearing at an administrative agency to determine if the law has been violated because: (A) administrative agencies are not subject to the Constitution (B) there is no criminal or common-law cause (C) Congress is above the Constitution and Congress gives agencies their authority (D) the Supreme Court is not involved (E) none of the other choices are correct

(B)

270. Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a hearing at an administrative agency: (A) is an independent judge (B) is not an independent judge (C) is impartial (D) is hired by the business (E) has not been to law school

(B)

272. The appeal process that serves as an external check on agency power is known as: (A) judicial appeal (B) judicial review (C) independent review (D) independent appeal (E) agency checking

(B)

274. ____ ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress, can justify their actions, and respect constitutional rights. (A) judicial appeal (B) judicial review (C) independent review (D) independent appeal (E) agency checking

(B)

278. Which of these is not a procedural requirement for judicial review of an agency decision: (A) ripeness (B) diversity (C) exhaustion (D) jurisdiction (E) standing

(B)

279. Which of these is not a procedural requirement for judicial review of an agency decision: (A) ripeness (B) discretion (C) exhaustion (D) jurisdiction (E) standing

(B)

287. The procedural requirement of ____ requires that an appellate court has the ability to reconsider an agency decision to determine whether correction or modification is needed. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion

(B)

305. If a federal agency issues a new regulation, it may: (A) be challenged in court by any citizen⎯individual or corporate (B) be challenged by parties who claim the regulation caused them legally recognized harm (C) be challenged only if there is a constitutional issue in question (D) not be challenged if issued under a Congressional order that precludes all challenges (E) none of the other choices

(B)

310. In a case involving judicial review of an administrative agency's decision, the court's ____ determines how far it can go in examining the action. (A) judicial scope (B) scope of review (C) ability to review (D) extent of review (E) substantive scope

(B)

316. The court's review of an agency's statutory interpretation is generally afforded: (A) an intense scope of review of all aspects (B) a careful review with respect to statutory interpretation, compared to a lesser review of technical judgments in the regulatory process (C) a low intensity scope of review only looking for possible violations of constitutional rights (D) complete acceptance with no review, since the power of Congress is absolute in this regard (E) a with respect to regulatory agencies: c with respect to acts of Congress.

(B)

321. In addition to being checked by judicial review, administrative agencies are also checked by: (A) other agencies (B) Congress (C) the Bill of Rights (D) international treaties (E) none of the other choices are correct

(B)

325. Under the ____ if scientific, technical, and economic information standards are not met in analyses done to support administrative agency regulations, affected parties may challenge a regulation for not being supported by adequate analysis. (A) Freedom of Information Act (B) Data Quality Act (C) Data Obtaining Act (D) Privacy Act (E) Scientific and Technical Support Act

(B)

329. A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are: (A) always secret, under the Privacy Act, unless used in court (B) available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act (C) available to the public under the Government in the Sunshine Act, unless it concerns information about individuals protected by the Privacy Act (D) all available to the public under the Federal Sunshine Act (E) none of the other choices

(B)

334. Which of the following is a provision of the Government in the Sunshine Act? (A) state courts have authority to enforce provisions of the Act (B) an agency action taken at a meeting in violation of the Act is invalid (C) the public must be told, at least an hour ahead of time, about any agency meeting (D) federal courts may not issue injunctions against agencies for violations of the Act (E) all of the other choices are provisions of the Sunshine Act

(B)

339. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. When FAH promulgates its rule regarding the employment of homeless persons, what type of rule is the agency issuing? (A) a procedural rule (B) a substantive or legislative rule (C) a declaratory rule (D) an interpretative rule (E) a normative rule

(B)

342. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. When the FAH agents appeared at Elroy's door in October, 2003 the agents were acting under which kind of Congressionally delegated power? (A) the legislative power (B) the investigative power (C) the adjudicatory power (D) the financial power (E) the responsive power

(B)

345. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. If a court were to review actions of the FAH in promulgating the June, 2009 rule, what scope of review would a court use? (A) a low level of scrutiny because only technical issues are involved (B) strict scrutiny because procedural issues are involved (C) mid-level scrutiny required of all new agency regulations (D) arbitrary scrutiny as Congress required in the statute (E) de jure scrutiny required of all new agency regulations

(B)

348. The Department of Labor issued an interpretive rule (opinion letter) in 2001 about how mortgage-loan officers were to be treated with respect to overtime pay. The rule was reversed in 2006 then reversed again in 2010. The Mortgage Bankers Association objected to the change, contending the 2010 ruling was invalid because there was no notice-and-comment period for the change. On appeal, the Supreme Court held that notice-and-comment: (A) did not apply to an interpretive rule when the rule was changed, only when it is first enacted. (B) did not apply to an interpretive rule, so the changes were valid. (C) applied to a "substantive" interpretive rule that affected wage payments. (D) applied to an interpretive rule when a change could "impact compensation." (E) none of the other choices are correct.

(B)

115. Congress created the first regulatory agency in 1887. It was called the: (A) Federal Trade Commission (B) Federal Power Commission (C) Interstate Commerce Commission (D) Federal Communications Commission (E) none of the other choices

(C)

118. The first modern federal regulatory agency was created in 1887 to regulate: (A) taxes (B) food and drugs (C) railroads (D) communications (E) courts

(C)

120. The Federal Trade Commission handles: (A) discrimination cases (B) employment cases (C) antitrust cases (D) food and drug regulation cases (E) compensation cases

(C)

127. Administrative agencies are generally created by: (A) a Supreme Court order (B) federal courts to help in areas difficult to regulate by litigation (C) an enabling statute of Congress (D) an executive order of the President (E) a Supreme Court order following an enabling statute of Congress

(C)

132. Congress gives an agency power and authority through a(n): (A) authoritative delegation (B) statute delegation (C) legislative delegation (D) public delegation (E) empowering delegation

(C)

136. A federal law passed by Congress granting powers to an agency is called: (A) a legislative deliberation (B) a public purpose statute (C) an enabling statute (D) a public interest statute (E) an administrative empowerment statute

(C)

174. Administrative laws with the same force of law as statutes enacted by Congress are: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

(C)

176. Which classification of administrative laws have the same force of law as statues enacted by Congress: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

(C)

178. Which classification of administrative laws results in a rule being a federal law: (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

(C)

188. Procedural rules issued by administrative agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force of law as statutes passed by Congress (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

(C)

202. During a formal rulemaking process, an agency may: (A) send the proposed rule to the oversight committee in Congress for a vote (B) send the proposed rule to the U.S. Court of Appeals for review of constitutionality (C) hold an investigatory hearing that may include witnesses who testify about the rule (D) all of the other specific choices (E) none of the other choices

(C)

206. In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held that: (A) since Congress directly addressed the issue of the bubble policy it was not up to the EPA whether or not to use it (B) since Congress directly addressed the issue of the bubble policy it was up to the EPA whether or not to use it (C) since Congress did not directly address the issue of the bubble policy so it was up to the EPA whether or not to use it (D) since the EPA is not subject to regulation by Congress, it can have whatever policy it wants (E) since Congress gave the EPA special permission to enact whatever policy it wants, the EPA can have the bubble policy if it wants

(C)

221. In Dow Chemical Co. v. U.S., where the EPA took aerial photographs of a Dow plant to see if the plant produced too much pollution, the Supreme Court held that: (A) the plant was located in an industrial park, not on property owned by Dow, this kind of inspection was legal (B) anyone was allowed entry the plant grounds, the EPA had the right to use "entry" by air (C) although entry to the plant was prohibited to the public, aerial photos did not violate the 4th Amendment (D) the plant was closed to the public, a warrant had to be obtained to view the plant from the air or the ground (E) none of the other choices

(C)

239. Informal agency procedures may include: (A) obtaining evidence by a subpoena issued by a federal judge (B) hearings with a Department of Justice attorney (C) tests and inspections (D) federal court hearings (E) none of the other choices

(C)

244. In Invention Submission v. Rogan, the Patent and Trademark Office (PTO) used a testimonial from a client of Invention Submission (IS) as an example of someone who felt abused by a patentmarketing scheme. IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using that example in its advertising campaign about patentmarketing scams. The appeals court held that the PTO's campaign: (A) did not constitute as agency action, but it did create legal consequences for Invention Submission so the district court was correct in dismissing the case (B) constituted an agency action, but did not create legal consequences for Invention Submission so the district court was correct in dismissing the case (C) did not constitute as agency action and did not create legal consequences for Invention Submission so the district court was correct in dismissing the case (D) constituted an agency action, but did not create legal consequences for Invention Submission so the district court was incorrect in dismissing the case (E) constituted an agency action and it created legal consequences for Invention Submission so the district court was incorrect in dismissing the case

(C)

245. If a business is unhappy with an agency sanction resulting from informal procedures it: (A) cannot do anything about it (B) can appeal to the Supreme Court (C) can seek review, beginning with the agency head (D) can request monetary compensation (E) none of the other choices are correct

(C)

246. If a business is still unhappy with an agency's final decision after it has been reviewed by the agency head it: (A) cannot do anything further (B) can sue for damages (C) can seek review by the federal court (D) can implement sanctions against the agency (E) none of the other choices are correct

(C)

254. Adjudicatory hearings are initiated by: (A) a business filing a complaint (B) the Supreme Court filing a complaint (C) an agency filing a complaint (D) a business refusing to respond to a complaint (E) an agency issuing sanctions against a business

(C)

262. During a hearing at an administrative agency to determine if the law has been violated the agency is represented by its: (A) lower level employees (B) shareholders (C) counsel (D) county judge (E) none of the other choices are correct

(C)

265. In a hearing at an administrative agency, to determine if the law has been violated: (A) defendants have the right to a jury trial (B) defendants may have a jury trial if the agency agrees to one (C) there is no right to a jury trial (D) there is no right to jury trials except in cases involving agency common law (E) there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence

(C)

289. The procedural requirement of ____ requires that a party seeking judicial review must demonstrate that it incurred an injury recognized by law as a result of the agency's action. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion

(C)

293. In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber on 238 acres without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act, the Supreme Court held that since the: (A) Forest Service is exempt from most judicial review, the plaintiffs could only challenge the Forest Service's decisions in certain states (B) Forest Service is exempt from all judicial review, the plaintiffs could not challenge Forest Service's decisions in court (C) plaintiffs could not demonstrate standing, they could not challenge the Forest Service's actions in court (D) plaintiffs could only demonstrate standing, they could not challenge the Forest Service's actions in court (E) plaintiffs could demonstrate standing, they could challenge the Forest Service's actions in court

(C)

301. When Congress grants courts the ability to review administrative actions, it may: (A) only specify the subject matter of court review (B) only specify the personal jurisdiction of the court (C) specify that judicial review is prohibited (D) only specify that in rem jurisdiction is permitted (E) none of the other choices

(C)

302. When Congress grants courts the ability to review administrative actions, it may: (A) only specify the subject matter of court review (B) only specify the personal jurisdiction of the court (C) only specify that in rem jurisdiction is permitted (D) specify the outcomes of court adjudications (E) none of the other choices

(C)

304. Congress can prohibit certain judicial review as long as the exception: (A) does not hinder free market business operations (B) does not make international trade difficult (C) does not violate constitutional rights (D) does not violate the common-law (E) none of the other choices are correct

(C)

322. The most immediate control mechanism enjoyed by Congress for regulating administrative agencies is the ability to control agency activity through: (A) the legislative process (B) the rulemaking process (C) the budget process (D) the trial process (E) the regulation process

(C)

336. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. In addition to the legislation that creates FAH, which other piece of federal legislation will play a key role in the administrative functioning of the agency? (A) the Clean Air Act (B) the Truth in Government Act (C) the Administrative Procedures Act (D) the Congressional Sunshine Act (E) the Administrative Development Act

(C)

341. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. Suppose FAH claims its rule is an interpretative rule, not subject to court review, that it is not a substantive rule. If Elroy later sues the agency, what will the likely outcome of the case be? A court will: (A) dismiss the case for lack of standing (B) rule that the agency followed proper procedures in issuing the rule (C) rule that the agency did not follow proper procedures because it is a substantive rule (D) refuse to the hear the case because there is no actual controversy (E) rule in favor of Elroy because the agency violated the Privacy Act

(C)

346. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. In Lone Mountain Processing v. Secretary of Labor, a mining firm failed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that: (A) federal law made the 30-day period mandatory, so the citation was final and could not be appealed (B) failure to respond to the citation within 30 days absent a significant reason is not acceptable, so the citation stands (C) the MSHA was inconsistent about when it allowed matters to be reopened after 30 days, so it could not arbitrarily reject to reconsider this citation (D) the mining company had not exhausted all procedural remedies so the appeal was not ripe for consideration by the appeals court (E) none of the other choices are correct

(C)

122. A major notable expansion in administrative agencies came during which period: (A) the Good Times Era (B) the Revolutionary War (C) the Civil War (D) the Great Depression (E) none of the other choices

(D)

123. Among the significant agency(s) created during the 1930s were: (A) the Federal Communications Commission (B) the Securities and Exchange Commission (C) the Federal Trade Commission (D) the Federal Communications Commission and the Securities and Exchange Commission (E) the Federal Communications Commission and the Securities and Exchange Commission and the Federal Trade Commission

(D)

129. An administrative agency is usually: (A) an international authority created by treaty (B) an arm of the federal prison system (C) a part of the federal judiciary (D) an authority of government that administers a particular law (E) created by the Supreme Court to interpret the effect of federal laws

(D)

147. Administrative agencies are often created by Congress because: (A) they can consider technical details more effectively than Congress (B) they can handle litigation more quickly than can the judicial system (C) they have the ability to monitor a regulated industry on a continuous basis (D) they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis (E) they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis and can handle litigation more quickly than can the judicial system

(D)

153. The primary source(s) of administrative law include(s): (A) the Legislative Delegation Act (B) the Administrative Procedures Act (C) court decisions reviewing agency decisions (D) the Administrative Procedures Act and court decisions reviewing agency decisions (E) the Administrative Procedures Act and court decisions reviewing agency decisions and the Legislative Delegation Act

(D)

162. Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s) of the Constitution: (A) the trade clause (B) the agency clause and the property clause (C) the agency clause and the regulatory clause (D) the commerce clause and the necessary and proper clause (E) the defense clause

(D)

167. Which of the following is a form of rulemaking for an agency: (A) issuing formal rules or regulations (B) providing informal policy guidance documents that explain how an agency views the law (C) developing a quasi-common law through issuing decisions in individual cases (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

168. Which of the following is a form of rulemaking for an agency: (A) issuing formal or informal rulings that apply to individual transactions but do not set precedents (B) providing informal policy guidance documents that explain how an agency views the law (C) developing a quasi-common law through issuing decisions in individual cases (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

169. Administrative rules are classified as substantive (legislative), interpretative, and: (A) regulatory (B) investigative (C) prospective (D) procedural (E) none of the other choices

(D)

187. Congress authorizes the EPA to regulate air quality by reducing emissions from gasoline engines. The EPA immediately bans gas engines issues such a regulation. The new regulation is probably: (A) a legal issuance of a substantive regulation (B) a legal amendment of a substantive regulation (C) a legal procedural revision of a substantive regulation (D) an improperly implemented substantive regulation (E) an improper revision of an interpretative regulation

(D)

194. Which classification of administrative rules are usually the most important: (A) interpretative (B) agency (C) procedural (D) substantive (E) none of the other choices are correct

(D)

196. When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the: (A) Congressional Quarterly (B) Administrative Reporter (C) Federal Supplement (D) Federal Register (E) Code of Federal Regulations

(D)

198. When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must: (A) conduct a trial-like hearing (B) examine witnesses from both sides of the issue (C) have open oral testimony by all interested parties (D) allow written commentaries by interested parties (E) all of the other choices

(D)

208. Which of the following is a way in which information about compliance with federal laws is obtained: (A) regulated businesses are required to self-report (B) direct observation determines if a business is following the law (C) agency subpoena power is used to require a business to produce documents (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

212. Administrative agencies enforce regulations by doing which of the following: (A) requiring businesses to self-report (B) direct observation by agency personnel (C) direct observation by Congressional staff (D) requiring businesses to self-report and direct observation by agency personnel (E) requiring businesses to self-report and direct observation by agency personnel and direct observation by Congressional staff

(D)

213. Businesses have contested fines resulting from regulations that require mandatory selfreporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that: (A) the self-incrimination privilege of the 5th Amendment applies to individuals only (B) corporations are not protected by the self-incrimination privilege of the 5th Amendment (C) the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for civil penalties (D) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment (E) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment and the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for civil penalties

(D)

219. Observations of regulatory violations made from areas open to the public are known as: (A) "open-air" observations (B) "close-air" observations (C) "free-field" observations (D) "open-field" observations (E) "public-field" observations

(D)

235. As agency regulatory activities have expanded, agencies have relied more heavily on: (A) the federal court system (B) penal sanctions (C) executive branch assistance (D) informal agency procedures (E) the federal court system and penal sanctions

(D)

236. Which of the following is a benefit of agencies using informal procedures: (A) informal procedures generally require less time (B) informal procedures generally cost less (C) informal procedures are more thorough (D) both a and b are correct (E) none of the other choices are correct

(D)

241. Which of the following is an example of an informal procedure for enforcing compliance with regulations: (A) tests and inspections (B) negotiations (C) settlements (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

242. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that: (A) the mine inspector had no basis for the citation: it appeared to be personal opinion, so the citation was stricken (B) the mine inspector showed bias and hostility toward the mine operator that required the citation to be stricken (C) the mine inspector showed bias and hostility toward the mine operator that required the citation to be stricken (D) there was sufficient evidence to uphold the citation (E) none of the other choices

(D)

247. In reviewing informal agency procedures, the courts are generally most concerned about: (A) whether the particular agency procedure was fair (B) whether the decision was consistent with the legislative intent of Congress (C) courts do not review agency informal procedures (D) whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress (E) none of the other choices

(D)

248. The administrative agency equivalent to a court trial is: (A) a commissioner's hearing (B) a Congressional review (C) a rulemaking (D) an adjudicatory hearing (E) none of the other choices

(D)

250. Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially: (A) commissioner's hearings (B) Congressional reviews (C) rulemaking hearings (D) adjudicatory hearings (E) none of the other choices

(D)

252. A(n) ____ is a formal agency process under APA rules, which are similar to those followed in a trial. (A) commissioner's hearing (B) Congressional review (C) rulemaking (D) adjudicatory hearing (E) none of the other choices

(D)

256. Some administrative agency investigations lead to a formal complaint being filed against a business. This may result in a trial heard by an administrative law judge (ALJ). ALJs are: (A) at the lowest level of the federal judicial system (B) the regulatory agency equivalent of an appellate judge (C) are not judges because they only hear the facts of cases (D) are employees of administrative agencies (E) are employees of administrative agencies and the regulatory agency equivalent of an appellate judge

(D)

263. In a hearing at an administrative agency to determine if the law has been violated, the agency's ____ presents the agency's evidence in support of the complaint. (A) witnesses (B) evidence collectors (C) CEO's (D) counsel (E) administrative assistants

(D)

268. In a hearing at an administrative agency, to determine if the law has been violated: (A) defendants have the right to a jury trial (B) there may be no witnesses (C) the procedure is the same as in a court trial (D) Constitutional rights must be protected (E) all of the other choices

(D)

295. The procedural requirement of ____ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion

(D)

299. Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and improperly operated. She has completed all administrative channels and reviews. Loraine should file her suit: (A) in the state district court where she lives (B) in the state district court in which the airport owner lives (C) in the federal district court nearest the airport because this is a federal question (D) file her suit in the court Congress specified when it wrote the enabling statute for the FAA (E) none of the other choices

(D)

306. A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first: (A) receive approval of the appropriate district court judge to file suit (B) receive approval of the appropriate U.S. district attorney to file suit (C) exhaust all legislative channels before bringing suit (D) exhaust all administrative channels before bringing suit (E) convince the ALJ that the case warrants a review

(D)

313. The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if: (A) the agency has sufficiently explained the facts and its policy concerns (B) the agency has established a factual basis that is in the agency's record (C) public opinion strongly supports the agency's decision (D) the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record (E) the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record and public opinion strongly supports the agency's decision

(D)

314. Which of the following conditions will lead to the courts not finding an agency's actions to be arbitrary, capricious, or an abuse of discretion: (A) the agency has sufficiently explained the facts and its policy concerns (B) the agency has established a factual basis that is in the agency's record (C) public opinion strongly supports the agency's decision (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

320. When a court reviews the way an agency interprets a statute, it will use which scope of judicial review: (A) the lowest scope possible (B) strict scrutiny compared to review of procedural requirements (C) an arbitrary and capricious standard compared to review of procedural requirements (D) less scrutiny compared to review of procedural requirements (E) remote effects scrutiny

(D)

323. An administrative agency's final budget must be agreed on by: (A) the House of Representatives and the Senate (B) the Supreme Court and the President (C) the Supreme Court, the President and the Vice President (D) the House of Representatives, the Senate and the President (E) The House of Representatives and the Vice President

(D)

328. Which of the following documents are exempt from being released upon request to the public under the Freedom of Information Act: (A) trade secrets (B) documents related to national security (C) documents that would invade personal privacy if released (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

330. The ____ requires that unless an exception applies, notice and prior consent are required before an agency can disclose information that concerns and identifies an individual. (A) Open Records Act (B) Data Quality Act (C) Data Obtaining Act (D) Privacy Act (E) Sunshine Act

(D)

333. Under the Government in the Sunshine Act, an agency is not required to have an open meeting when the meeting concerns: (A) secrets related to national defense (B) disclosures of trade secrets (C) disclosures of protected financial information (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

337. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. When Congress wants to create the FAH, what action must it undertake? (A) it will need to get Supreme Court approval to create it (B) it will need to submit a bill to the U.S. Court of Appeals for the District of Columbia to rule on whether or not the agency is constitutional (C) it must abolish the Dept. of Housing and Urban Development (HUD) because FAH will preempt HUD authority (D) it will need to pass an enabling statute creating FAH (E) it must adopt a legislative veto in order to create FAH

(D)

338. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. Why might Congress have created the FAH? (A) to resolve a problem demanding expertise (B) to resolve a problem demanding supervision (C) to resolve a problem demanding local attention (D) to resolve a problem demanding expertise and demanding supervision (E) to resolve a problem demanding expertise and demanding supervision and to solve a problem demanding local attention

(D)

343. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. The FAH agents need which of the following to inspect the premises of Elroy's Tackle Shop legally? (A) a subpoena (B) a warrant for arrest (C) a request for production (D) a search warrant (E) the agents need nothing, they can search as they wish

(D)

116. Congress created the first regulatory agency in 1887. It was called the: (A) Federal Trade Commission (B) Federal Power Commission (C) Federal Communications Commission (D) International Trade Administration (E) none of the other choices

(E)

119. The first modern federal regulatory agency was created in 1887 to regulate: (A) taxes (B) food and drugs (C) courts (D) communications (E) none of the other choices are correct

(E)

121. The Federal Trade Commission handles: (A) discrimination cases (B) employment cases (C) international cases (D) food and drug regulation cases (E) none of the other choices are correct

(E)

124. An agency created during the late 1960s or early 1970s is: (A) the International Trade Commission (B) the Environmental Protection Agency (C) the Equal Employment Opportunity Commission (D) the International Trade Commission and the Environmental Protection Agency (E) the Environmental Protection Agency and the Equal Employment Opportunity Commission

(E)

126. A ____ is an authority of the government, other than a legislature or a court, created to administer a particular law. (A) regulatory agency (B) litigation agency (C) legislative agency (D) private agency (E) none of the other choices are correct

(E)

128. Administrative agencies are generally created by: (A) a Supreme Court order (B) federal courts to help in areas difficult to regulate by litigation (C) executive orders of the President (D) a Supreme Court order or an executive order of the President (E) none of the other choices

(E)

130. An administrative agency is usually: (A) an international authority created by treaty (B) an arm of the federal prison system (C) a part of the federal judiciary (D) created by the Supreme Court to interpret the effect of federal laws (E) none of the other choices

(E)

133. Congress gives an agency power and authority through a(n): (A) authoritative delegation (B) statute delegation (C) empowering delegation (D) public delegation (E) none of the other choices are correct

(E)

135. A legislative delegation: (A) does not delegate to an agency the power to perform its regulatory purpose (B) delegates responsibilities within an already created agency (C) describes to an agency the guidelines for performing its regulatory purpose (D) describes to a court an agency's power (E) none of the other choices are correct

(E)

138. An enabling statute is a(n): (A) unofficial mandate passed by Congress granting powers to an agency (B) local law passed by the local legislature granting powers to an agency (C) state law passed by the state supreme court granting powers to an agency (D) state law passed by the state legislature granting powers to an agency (E) none of the other choices are correct

(E)

140. Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called: (A) an administrative statute (B) a regulatory statute (C) a permanence statute (D) a public interest statute (E) none of the other choices

(E)

142. A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce policy relevant to its area of authority. (A) administrative statute (B) public interest statute (C) regulatory statute (D) permanence statute (E) none of the other choices are correct

(E)

144. Enabling statutes are also sometimes called: (A) regulatory delegations (B) regulatory statutes (C) legislative delegations (D) organic delegations (E) none of the other choices are correct

(E)

146. Organic statue is another term for: (A) regulatory delegation (B) regulatory statute (C) legislative delegation (D) organic delegation (E) none of the other choices are correct

(E)

151. The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as: (A) business law (B) tort law (C) legislative delegation law (D) agency law (E) none of the other choices are correct

(E)

152. The primary source(s) of administrative law include(s): (A) the Administrative Procedures Act (B) the enabling statutes of the administrative agencies (C) court decisions reviewing agency decisions (D) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions (E) the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

(E)

154. Which of the following is a primary source of administrative law: (A) the enabling statutes of administrative agencies (B) the Administrative Procedures Act (C) rules issued by administrative agencies (D) court decisions reviewing the validity of agency actions (E) all of the other specific choices are correct

(E)

156. The primary structure of administrative law is determined by the: (A) Administrative Agencies Act (B) Administrative Structural Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) none of the other choices are correct

(E)

158. The primary purpose of the Administrative Procedures Act is to: (A) provide the judiciary with procedural rules in administrative cases (B) create a federal bureaucracy to handle the complex problems of business (C) regulate the procedural requirements of criminal law (D) amend the common law so courts can delegate authority to administrative agencies (E) none of the other choices

(E)

160. Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal agencies. (A) Administrative Agencies Act (B) Administrative Structural Act (C) Administrative Formalities Act (D) Administrative Legalities Act (E) none of the other choices are correct

(E)

163. Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s) of the Constitution: (A) the trade clause (B) the agency clause and the property clause (C) the agency clause and the regulatory clause (D) the defense clause (E) none of the other choices are correct

(E)

165. Administrative agencies engage in rulemaking to: (A) determine which Congressional statutes will be implemented (B) determine rules for federal court procedures (C) determine rules for Executive branch operations (D) all of the other specific choices (E) none of the other choices

(E)

170. Administrative rules are classified as substantive (legislative), interpretative, and: (A) regulatory (B) investigative (C) prospective (D) judicial (E) none of the other choices

(E)

171. Which of the following is a classification of administrative rules: (A) substantive (B) legislative (C) interpretative (D) procedural (E) all of the other specific choices are correct

(E)

173. Substantive (legislative) rules issued by agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) statements of the intent of Congressional statutes as approved by the federal judiciary (C) rules that describe an agency's organization, method of operation, and internal practices (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

(E)

175. Administrative laws with the same force of law as statutes enacted by Congress are: (A) procedural rules (B) enforcement rules (C) observational rules (D) interpretive rules (E) none of the other choices

(E)

177. Which classification of administrative laws have the same force of law as statues enacted by Congress: (A) procedural rules (B) enforcement rules (C) observational rules (D) interpretive rules (E) none of the other choices

(E)

179. Which classification of administrative laws results in a rule being a federal law: (A) procedural rules (B) enforcement rules (C) observational rules (D) interpretive rules (E) none of the other choices

(E)

181. When an agency issues a substantive rule, it is generally required by the APA to: (A) interview all parties who will be affected by the regulation before it issues a final order (B) inform the President of the proposed rule (C) receive the approval of both houses of Congress before it issues a final order (D) all of the other specific choices (E) none of the other choices

(E)

183. Interpretative rules issued by administrative agencies are: (A) judicial statutes with the same force and effect of law as statutes passed by Congress (B) rules that describe an agency's organization, method of operation, and internal practices (C) statements that may only rephrase the language of a statute passed by Congress (D) all of the other specific choices may be in that category (E) none of the other choices

(E)

184. ____are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute. (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) interpretive rules

(E)

185. ____ are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute. (A) procedural rules (B) enforcement rules (C) substantive rules (D) observational rules (E) none of the other choices are correct

(E)

189. Procedural rules issued by administrative agencies are: (A) statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means (B) administrative statutes with the same force of law as statutes passed by Congress (C) a statement of what companies must do to follow the requirements of regulations (D) statements that may only rephrase the language of a statute passed by Congress (E) none of the other choices

(E)

191. The details of an agency's structure and how it operates internally are covered in: (A) interpretative rules (B) agency rules (C) structural rules (D) formal rules (E) none of the other choices

(E)

193. ____ detail an agency's structure and describe its method of operation and its internal practices. (A) interpretative rules (B) agency rules (C) structural rules (D) formal rules (E) none of the other choices are correct

(E)

195. Which classification of administrative rules are usually the most important: (A) interpretative (B) agency (C) procedural (D) formal (E) none of the other choices are correct

(E)

197. When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the: (A) Congressional Quarterly (B) Administrative Reporter (C) Federal Supplement (D) Code of Federal Regulations (E) none of the other choices

(E)

199. When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must: (A) conduct a trial-like hearing (B) examine witnesses from both sides of the issue (C) have open oral testimony by all interested parties (D) all of the other specific choices (E) none of the other choices

(E)

201. The usual public comment period for substantive rules is: (A) 30 days (B) 6 to 9 months (C) 1 year (D) 5 years (E) none of the other choices are correct

(E)

203. During a formal rulemaking process, an agency may send the proposed rule: (A) to the appropriate oversight committee in Congress for a vote (B) to the U.S. Court of Appeals for review of constitutionality (C) to the White House for Presidential approval (D) all of the other specific choices (E) none of the other choices

(E)

207. In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the EPA's "bubble rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held that: (A) since Congress directly addressed the issue of the bubble policy it was not up to the EPA whether or not to use it (B) since Congress directly addressed the issue of the bubble policy it was up to the EPA whether or not to use it (C) since Congress gave the EPA special permission to enact whatever policy it wants, the EPA can have the bubble policy if it wants (D) since the EPA is not subject to regulation by Congress, it can have whatever policy it wants (E) none of the other choices are correct

(E)

209. The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits, the EPA may: (A) demand the factory measure the pollution and report if it is violating the law or not (B) have EPA employees measure the air at the factory to see if it is violating the law or not (C) get a subpoena from a court to force the company to produce documents concerning pollution from the factory (D) have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory (E) have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not

(E)

210. The Environmental Protection Agency could require a company subject to its regulations concerning pollution emissions to do all of the following except: (A) bear the costs of collecting samples of emissions on a regular basis and report to the EPA (B) bear the cost of installing pollution monitoring equipment required by the EPA (C) make reports to the EPA on a regular basis about progress being made on improvements in pollution control (D) bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control (E) bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA

(E)

211. Agencies with statutory authority to require businesses to provide information may do which of the following: (A) require businesses to self-report on a regular basis (B) rely on observation by the agency by physical inspections (C) issue subpoenas, which force businesses to disclose relevant information from their files (D) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files (E) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis

(E)

214. Suppose EPA requires polluters to report compliance with air pollution emission regulations. Which of the following statements could be true, given the power EPA is likely to have: (A) if a firm does not exceed pollution limits but fails to file reports, it may be fined (B) if a firm does exceed pollution limits and fails to file reports, it may be fined (C) if a firm does exceed pollution limits, it may be fined even if it does file reports on time (D) if a firm does exceed pollution limits and fails to file reports, it may be fined and if a firm does exceed pollution limits, it may be fined even if it does file reports on time (E) if a firm does exceed pollution limits and fails to file reports, it may be fined, and if a firm does exceed pollution limits, it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports, it may be fined

(E)

218. If evidence of regulatory violations can be obtained from observations made in areas the public has access to: (A) a company may require that a warrant be obtained before it will consent to pay fines (B) there is still a need to obtain a warrant (C) a warrant must still be obtained if the evidence is going to appear in court (D) some states still require that a warrant be obtained (E) none of the other choices are correct

(E)

220. Observations of regulatory violations made from areas open to the public are known as: (A) "open-air" observations (B) "close-air" observations (C) "free-field" observations (D) "public-field" observations (E) none of the other choices are correct

(E)

222. In Dow Chemical Co. v. U.S., where the EPA took aerial photographs of a Dow plant to see if the plant produced too much pollution, the Supreme Court held that: (A) the plant was located in an industrial park, not on property owned by Dow, so this kind of inspection was legal (B) anyone was allowed entry the plant grounds, the EPA had the right to use "entry" by air (C) aerial surveillance is illegal under the 4th Amendment (D) he plant was closed to the public, a warrant had to be obtained to view the plant from the air or the ground (E) none of the other choices

(E)

224. A legal instrument that directs the person receiving it to appear at a specified time and place to testify or to produce documents is a(n): (A) agency summons (B) regulatory summons (C) violation summons (D) administrative summons (E) none of the other choices are correct

(E)

225. Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: (A) only be issued when there is good cause to believe that a violation of the law has occurred (B) not be used to get confidential information (C) only be issued by a federal district judge (D) be used to obtain any information agencies want and no reasons need be given (E) none of the other choices

(E)

227. When federal agencies sue to enforce regulations, depending on the authority the agency has been granted by Congress, the agency: (A) may sue for civil penalties (B) may sue to withhold property (C) may sue for criminal penalties (D) may sue for civil penalties and may sue to withhold property (E) may sue for civil penalties and may sue to withhold property and may sue for criminal penalties

(E)

228. Which sanction is not available to any federal regulatory agency? (A) imposition of a fine (B) revocation of a business license (C) assessment for damages (D) destruction or seizing of business property (E) all of the other choices are available

(E)

229. Which of the following is an example of a sanction offered by the APA: (A) prohibition, requirement, limitation, or other condition affecting the freedom of a person (B) withholding of relief (C) imposition of a penalty or fine (D) destruction, taking, seizing, or withholding of property (E) all of the other specific choices are correct

(E)

230. Which of the following is NOT an example of a sanction offered by the APA: (A) prohibition, requirement, limitation, or other condition affecting the freedom of a person (B) withholding of relief (C) imposition of a penalty or fine (D) destruction, taking, seizing, or withholding of property (E) none of the other specific choices are correct

(E)

231. Which of the following is an example of a sanction offered by the APA: (A) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees (B) requirement, revocation, or suspension of a license (C) imposition of a penalty or fine (D) destruction, taking, seizing, or withholding of property (E) all of the other specific choices are correct

(E)

232. Which of the following is NOT an example of a sanction offered by the APA: (A) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees (B) requirement, revocation, or suspension of a license (C) imposition of a penalty or fine (D) destruction, taking, seizing, or withholding of property (E) none of the other specific choices are correct

(E)

234. Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party: (A) the Department of Agencies (B) the Department of Business (C) the Department of Defense (D) the Department of Regulation (E) none of the other choices are correct

(E)

238. Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected: (A) the U.S. Attorney for the relevant district must be contacted to begin prosecution (B) under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the company (C) the inspector must file a formal complaint, but the company could agree to correct the problem before litigation (D) all suspected violations must be reported to a U.S. Attorney for consideration for prosecution (E) none of the other choices

(E)

240. Informal agency procedures may include: (A) tests and inspections (B) processing applications (C) negotiations with parties in trouble (D) advisory opinions (E) all of the other choices

(E)

243. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that:: (A) the mine inspector had no basis for the citation: it appeared to be personal opinion, so the citation was stricken (B) the mine inspector showed bias and hostility toward the mine operator that required the citation to be stricken (C) the evidence was "beyond a reasonable doubt" so the citation was upheld (D) the inspector has "nearly unlimited" authority to issue citations so the courts rarely can overturn a citation (E) none of the other choices

(E)

249. The administrative agency equivalent to a court trial is: (A) a commissioner's hearing (B) a Congressional review (C) a rulemaking (D) a magistrate hearing (E) none of the other choices

(E)

251. Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially: (A) commissioner's hearings (B) Congressional reviews (C) rulemaking hearings (D) magistrate hearings (E) none of the other choices

(E)

253. A ____ is a formal agency process under APA rules, which are similar to those followed in a trial. (A) commissioner's hearing (B) Congressional review (C) rulemaking (D) magistrate hearing (E) none of the other choices

(E)

255. Adjudicatory hearings are initiated by: (A) a business filing a complaint (B) the Supreme Court filing a complaint (C) an agency issuing sanctions against a business (D) a business refusing to respond to a complaint (E) none of the other choices are correct

(E)

257. Some administrative agency investigations lead to a formal complaint being filed against a business. This may result in a trial heard by an administrative law judge (ALJ). ALJs are: (A) at the lowest level of the federal judicial system (B) the regulatory agency equivalent of an appellate judge (C) are not judges because they only hear the facts of cases (D) appointed by the president with consent of the Senate (E) none of the other choices

(E)

259. An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a: (A) member of the federal judiciary (B) federal magistrate (C) municipal judge (D) member of the state bar (E) none of the other choices

(E)

261. In an adjudicatory hearing a(n) ____ presides over the hearing. (A) state supreme court justice (B) federal magistrate (C) administrative agency judge (D) impartial third party (E) none of the other choices are correct

(E)

264. In a hearing at an administrative agency to determine if the law has been violated, the agency's ____ presents the agency's evidence in support of the complaint. (A) witnesses (B) evidence collectors (C) CEO's (D) administrative assistants (E) none of the other choices are correct

(E)

266. In a hearing at an administrative agency, to determine if the law has been violated: (A) defendants have the right to a jury trial (B) there may be no witnesses (C) the procedure is the same as in a court trial (D) lawyers may not be present (E) none of the other choices

(E)

267. In a hearing at an administrative agency, to determine if the law has been violated: (A) defendants have the right to a jury trial (B) defendants may have a jury trial if the agency agrees to one (C) there is no right to jury trials except in cases involving agency common law (D) there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence (E) none of the other choices

(E)

271. Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a hearing at an administrative agency: (A) is an independent judge (B) has not been to law school (C) is impartial (D) is hired by the business (E) none of the other choices are correct

(E)

273. The appeal process that serves as an external check on agency power is known as: (A) judicial appeal (B) agency checking (C) independent review (D) independent appeal (E) none of the other choices are correct

(E)

275. ____ ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress, can justify their actions, and respect constitutional rights. (A) judicial appeal (B) agency checking (C) independent review (D) independent appeal (E) none of the other choices are correct

(E)

277. Five procedural requirements for judicial review of a challenge to an agency decision are: (A) jurisdiction, standing, discretion, ripeness and exhaustion (B) jurisdiction, standing, ripeness, exhaustion, and appealability (C) reviewability, ripeness, exhaustion, diversity of action, and venue (D) ripeness, exhaustion, jurisdiction, reviewability, and discretion (E) none of the other choices

(E)

280. Which of these is not a procedural requirement for judicial review of an agency decision: (A) ripeness (B) exhaustion (C) jurisdiction (D) standing (E) all of the other choices are requirements

(E)

282. The procedural requirement of ____ requires that the complaining party may seek judicial review only in courts that have power to hear the case. (A) exhaustion (B) reviewability (C) standing (D) ripeness (E) none of the other choices are correct

(E)

284. Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses: (A) direction (B) request (C) warning (D) encouragement (E) all of the other specific choices are correct

(E)

288. The procedural requirement of ____ requires that an appellate court has the ability to reconsider an agency decision to determine whether correction or modification is needed. (A) jurisdiction (B) exhaustion (C) standing (D) ripeness (E) none of the other choices are correct

(E)

290. The procedural requirement of ____ requires that a party seeking judicial review must demonstrate that it incurred an injury recognized by law as a result of the agency's action. (A) jurisdiction (B) reviewability (C) exhaustion (D) ripeness (E) none of the other choices are correct

(E)

292. In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court held: (A) the plaintiffs had standing because they had visited the area where the crocodiles lived (B) the animals at issue were not endangered and so were not the proper subject of a lawsuit (C) although the plaintiffs had standing to sue, the issue of saving crocodiles was beyond the court's expertise (D) the Endangered Species Act was the wrong statute under which to bring this claim (E) none of the other choices

(E)

294. In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber on 238 acres without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act, the Supreme Court held that since the: (A) Forest Service is exempt from most judicial review, the plaintiffs could only challenge the Forest Service's decisions in certain states (B) Forest Service is exempt from all judicial review, the plaintiffs could not challenge Forest Service's decisions in court (C) plaintiffs could demonstrate standing, they could challenge the Forest Service's actions in court (D) plaintiffs could only demonstrate standing, they could not challenge the Forest Service's actions in court (E) none of the other choices are correct

(E)

296. The procedural requirement of ____ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes. (A) jurisdiction (B) reviewability (C) standing (D) exhaustion (E) none of the other choices are correct

(E)

297. The procedural requirement of ____ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion

(E)

298. The procedural requirement of ____ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) none of the other choices are correct

(E)

300. Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly. She has exhausted all administrative channels and now wishes to bring suit. Loraine should file her suit: (A) in the state district court where she lives (B) in the state district court in which the airport owner lives (C) in the federal district court nearest the airport because this is a federal question (D) with the Supreme Court because this controversy involves a statutory interpretation (E) none of the other choices

(E)

307. A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first: (A) receive approval of the appropriate district court judge to file suit (B) receive approval of the appropriate U.S. district attorney to file suit (C) exhaust all legislative channels before bringing suit (D) convince the ALJ that the case warrants a review (E) none of the other choices

(E)

309. The ____ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right. (A) substantive determination doctrine (B) standing doctrine (C) judicial doctrine (D) judicial review doctrine (E) none of the other choices are correct

(E)

311. In a case involving judicial review of an administrative agency's decision, the court's ____ determines how far it can go in examining the action. (A) judicial scope (B) substantive scope (C) ability to review (D) extent of review (E) none of the other choices are correct

(E)

312. The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if: (A) the agency has sufficiently explained the facts and its policy concerns (B) the agency has established a factual basis that is in the agency's record (C) a reasonable person could reach the same judgment as the agency on the basis of the agency's record (D) the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record (E) the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record and a reasonable person could reach the same judgment as the agency on the basis of the agency's record

(E)

317. The court's review of an agency's statutory interpretation is generally afforded: (A) an intense scope of review of all aspects (B) a low intensity scope of review only looking for possible violations of constitutional rights (C) complete acceptance with no review, since the power of Congress is absolute in this regard (D) a with respect to regulatory agencies: c with respect to acts of Congress (E) none of the other choices

(E)

319. The aspects of agency actions given the most intense scope of review by the courts are: (A) Congressional responsiveness requirements (B) factual basis for imposition of regulations (C) connection to statutory power grant (D) cost to benefit relationships (E) none of the other choices

(E)

327. The ____ makes most documents held by federal agencies available to the public. (A) Open Records Act (B) Data Quality Act (C) Data Obtaining Act (D) Privacy Act (E) none of the other choices are correct

(E)

331. The ____ requires that unless an exception applies, notice and prior consent are required before an agency can disclose information that concerns and identifies an individual. (A) Open Records Act (B) Data Quality Act (C) Data Obtaining Act (D) Sunshine Act (E) none of the other choices are correct

(E)

335. Which of the following is a provision of the Government in the Sunshine Act? (A) state courts have authority to enforce provisions of the Act (B) the public must be told, at least an hour ahead of time, about any agency meeting (C) federal courts may not issue injunctions against agencies for violations of the Act (D) all of the other specific choices are provisions of the Sunshine Act (E) none of the other choices

(E)

340. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. Assume for this question that the rule is a substantive rule. What must FAH do before it issues a final substantive rule? (A) it must provide public notice of the rule (B) it must receive Presidential approval of the rule (C) it must provide for a public comment period (D) it must provide public notice of the rule and it must receive Presidential approval of the rule (E) it must provide public notice of the rule and it must provide for a public comment period

(E)

344. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. Refer to Fact Pattern 15-1. Before Elroy can take his case to court, which of the following procedural requirements must he meet? (A) he must have exhausted all administrative channels (B) he must have a hypothetical controversy (C) he must take the case to the correct court (D) all of the other specific choices (E) he must have exhausted all administrative channels and he must take the case to the correct court

(E)

347. Fact Pattern 15-1 Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations, conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those who discriminate against the homeless, or fail to follow FAH regulations. In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the homeless in employment. The regulation states that businesses must take steps to recruit homeless people as employees and must provide homeless employees with adequate shelter. No public hearings are held and the final rule was published in the Federal Register in June, 2009. In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people, including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better take such steps soon. Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia, and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures when it issued the rule. In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that: (A) federal law made the 30-day period mandatory, so the citation was final and could not be appealed (B) federal law made the 30-day period mandatory, so the citation was final and could not be appealed (C) appeals of MHSA decisions were required to go before the Department of Labor Review Panel before the matter could be taken to federal court (D) the mining company had not exhausted all procedural remedies so the appeal was not ripe for consideration by the appeals court (E) none of the other choices are correct

(E)

349. The Department of Labor issued an interpretive rule (opinion letter) in 2001 about how mortgage-loan officers were to be treated with respect to overtime pay. The rule was reversed in 2006 then reversed again in 2010. The Mortgage Bankers Association objected to the change, contending the 2010 ruling was invalid because there was no notice-and-comment period for the change. On appeal, the Supreme Court held that notice-and-comment: (A) did not apply to an interpretive rule when the rule was changed, only when it is first enacted. (B) did not apply to an interpretive rule when the impact was "de minimus." (C) applied to a "substantive" interpretive rule that affected wage payments. (D) applied to an interpretive rule when a change could "impact compensation." (E) none of the other choices are correct.

(E)