Chapter 20: Administrative Law

What is the role of an administrative law judge (ALJ)?

An ALJ is an employee of the agency bringing the charges.

What information can people request under the Freedom of Information Act?

Agency budget information

Which of the following are sources of administrative law? Choose 3 answers.

1. Agency opinions 2. Agency regulations 3. Executive orders

What is the term given to an administrative decision that is unreasonable or implausible in light of the facts and evidence?

arbitrary and capricious

The Administrative Procedure Act (APA) is the federal law that does which of the following?

The APA sets out the rule-making process for administrative agencies.

Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers.

1. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. 2. Most federal administrative agencies are subject to the authority of the president, but some are independent

What must a party do before appealing an agency action in the court system? Choose 2 answer choices.

1. Must follow the agency appeal process. 2. Must show direct harm.

What information is exempt from access by a Freedom of Information Act request? Choose 2 answer choices.

1. Personnel information about a particular person 2. Trade secrets

Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?

An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

The legislation that requires an administrative agency to respond to requests from citizens for agency records is called the:

Freedom of Information Act (FOIA).

Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list?

No, this information is confidential and personal.

Agency rules are similar to statutes because of which one of the following?

They are legal requirements and binding as if Congress has passed them.

What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake?

abuse of discretion

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers.

1. conduct a hearing to obtain a final order 2. investigate complaints and possible violations of its regulations or the law 3. issue a subpoena

The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers.

1. judicial review of the agency's regulations 2. judicial review of the agency's orders on appeal

What is the exhaustion doctrine?

A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency.

Dion is head of the National Security Agency, a subagency of the Department of Defense. Dion has held the position for years and feels comfortable that he is secure in his position. However, after Dion holds a press conference where he directly contradicts a statement the president made, he receives a letter from the president removing him from his position. Dion objects to the firing, stating that he can only be removed from office "for good cause." If Dion sues for being wrongfully removed from office, he will:

lose because the president has the power to appoint and remove officers of executive federal agencies.

Phyllis has worked as a mechanic for Boeing Corporation for the last ten years. Phyllis recently found out she is pregnant, so she requests a transfer to another position that does not require as much lifting. Boeing refuses to transfer Phyllis and fires her instead. Phyllis files a complaint with the EEOC for a violation of the Pregnancy Discrimination Act, and that agency, the EEOC, decides the case in Boeing's favor. After exhausting all administrative remedies, Phyllis files a lawsuit in federal court, which will:

show deference to the agency's decision on both questions of law and fact, upholding the decision unless it is unreasonable

Rhea, a 45-year-old supervisor in a women's retail clothing store, recently learned that a younger co-worker was promoted to a position she had applied for. Rhea has more experience and more time with the company and has always gotten excellent scores in her annual reviews. Rhea files an action with the Equal Employment Opportunity Commission (EEOC) for age discrimination. The Administrative Law Judge (ALJ) issues an order in favor of Rhea. This decision of the ALJ is:

the final order in the case unless the store appeals.

What are the benefits of the exhaustion doctrine?

The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.

You have a driver's license, but you are not a careful driver. Indeed, you have been cited for numerous traffic violations including speeding and driving while using a cell phone. The governmental agency in your state that oversees drivers' licenses is the Department of Motor Vehicles (DMV). The DMV has a regulation authorizing the suspension of a license when a motorist has accumulated three or more traffic violations. Because of your driving record, the DMV has suspended your license. You are very unhappy about this because you need to drive to get to school and work. The DMV has an internal appeals process that allows drivers with suspended licenses to ask the DMV to reinstate their driving privileges. Because you need to drive, you want to appeal your case directly to a court and not bother with the DMV appeal procedure. Can you skip the appeal process provided by the DMV and go directly to court?

No, the appeal process provided by the agency, the DMV, must first be pursued.

Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably:

win because the EPA did not give notice of the rule change regarding glyphosate.