Chapter 17 Finance

An administrative agency is usually:

A authority of government that administers a particular law

The administrative agency equivalent to a court trial is:

An adjudicatory hearing

Which of the following is a provision of the Government in the Sunshine Act?

An agency action take at a meeting in violation of the Act is invalid

A federal law passed by Congress granting powers to an agency is called:

An enabling statute

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

An enabling statute

Administrative agencies are generally created by:

An enabling statute of Congress

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:

Are employed of administrative agencies (not: are employees of administrative agencies and the regulatory agency equivalent of an appellate judge)

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may:

Be used to get confidential information

Regulatory agencies engage in rulemaking. This authority comes primarily from:

Congress, under the Commerce and Necessary and Proper Clauses

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:

Federal Register

Congress created the first regulatory agency in 1887. It was called the:

Interstate Commerce Commission

Five procedural requirements for judicial review of a challenge to an agency decision are:

Jurisdiction, review ability, standing, ripeness and exhaustion

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:

None of the other choices

Procedural rules issued by administrative agencies are:

None of the other choices

Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at a business being inspected:

None of the other choices

The administrative agency equivalent to a court trial is:

None of the other choices

The details of an agency's structure and how it operates internally are covered in:

None of the other choices

The court's review of an agency's statutory interpretation is generally afforded:

None of the other choices (not: a low intensity scope of review only looking for possible violations fo constitutional rights)

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a:

None of the other choices (not: member of the federal judiciary)

Administrative rules are classified as substantive (legislative), interpretative, and:

Procedural

When Congress grants courts the ability to review administrative actions, it may:

Specify that judicial review is prohibited (not: specify that judicial review is prohibited)

In a hearing at an administrative agency, to determine if the law has been violated:

There is no right to a jury trial

The primary purpose of the Administrative Procedures Act is:

To define procedural rules and formalities of administrative agencies

In reviewing informal agency procedures, the courts are generally most concerned about:

Whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress

Interpretative rules issued by administrative agencies are:

None of the other choices (not: rules that describe an agency's organization, method of operation, and internal practices)

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:

None of the other choices

Administrative laws with the same force of law as statutes enacted by Congress are:

None of the other choices

Congress ordered the Department of Agriculture to establish standards for organic foods. Agriculture issued a regulation that was challenged as allowing non-organic foods to be called organic, which was not what Congress intended. The appeals court held that:

None of the other choices

During a formal rulemaking process, an agency may send the proposed rule:

None of the other choices (not: to the U.S. Court of Appeals for review of constitutionality)

When an agency issues a substantive rule, it is generally required by the APA to:

Provide public notice and the opportunity for interested parties to comment (not: 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

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if:

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 judgement as the agency on the basis of the agencies record