CH 15 LEGAL ENV
Identify the examples that illustrate the advisory functions of an administrative agency.
- The agency proposes new legislation to Congress. - The agency reports information to the general public that should be known in the public interest.
Why were the administrative agencies created?
- To impart specificity - To provide expertise - To protect the public, especially from the business community
True or false: The best means of influencing a quasi-legislative decision of an administrative agency is to keep away from the adoption process.
False
True or false: The mere existence of most government programs automatically restricts the creation of new administrative agencies or limits the functions of the existing agencies.
False
True or false: Violations of a cease and desist order are not punishable by fines.
False
What are the responsibilities of the secretary of a U.S. administrative agency?
He or she coordinates the activities of the agency with others involved in the regulatory process. He or she usually signs orders and official correspondence. He or she acts as the legal custodian of the agency's records.
Identify the responsibilities of the general counsel of a U.S. administrative agency.
He or she represents the administrative agency in court. He or she often makes the decision to file suit or pursue other remedies.
Identify the characteristics of the chairperson of a U.S. administrative agency.
He or she usually belongs to the same political party as the president. He or she is somewhat more important than the other agency members because of visibility.
Identify a true statement about the factors that influence the decisions of administrative agencies.
Interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule at public hearings.
In the context of the control that the legislature exercises over the administrative process, which of the following is true of the legislature?
It can limit appropriations of funds to an administrative agency.
What does a court do when it reviews the findings of fact made by an administrative body?
It presumes them to be correct.
Who is responsible for the publication of all actions of a U.S. administrative agency in the Federal Register?
The secretary
In the context of the settlement of a lawsuit, identify the true statements about a consent order.
There is no admission that the accused has been guilty of a violation of the law. There is an agreement not to engage in the activities that were the subject of the complaint.
Identify a true statement about the advisory opinions of an administrative agency.
They give a business an indication of the view the agency would take if the practice in question is formally challenged.
Identify the functions of administrative law judges of a U.S. administrative agency.
They use prior decisions or precedent. They apply the law to the facts. They hear cases of alleged law violations.
Identify a responsibility of the chairperson of a U.S. administrative agency.
To appoint staff
True or false: Administrative agencies, boards, or commissions usually consist of five to seven members, one of whom is appointed as chair.
True
Standing to sue must be proved if:
a party seeks the judicial review of any administrative agency's decision.
The commissions, bureaus, organizations, and boards that make up the governmental bureaucracy are known as
administrative agencies
In the context of standing to sue, the Federal Administrative Procedure Act provides for judicial review except where _____.
an agency action is committed to agency discretion by law
In the context of government control over an administrative process, the role of the executive branch of government is to _____.
appoint the top officials of an agency with the advice and consent of the legislative branch
One of the functions of the administrative process is to decide issues expeditiously. To proceed expeditiously usually means that administrative agencies _____.
are free from the strict rules of evidence used by courts
The presiding officer at the meetings of a U.S. administrative agency is the _____.
chairperson
In a U.S. administrative agency, the executive director for administration is the _____.
chief operating official of the agency
The issuance of a(n) _____ _____ requires that an organization or individual accused of a violation admit to the jurisdiction of the adjudicating agency and waive all rights to seek a judicial review.
consent order
The investigative power of an administrative agency includes _____.
determining whether there has been a violation of any law
A feature of U.S. administrative agencies is that they _____.
develop their own rules of procedure unless mandated otherwise by an act of the legislature
The regional offices of a U.S. administrative agency usually have a(n) _____ function.
educational
Owing to the investigative power of administrative agencies, they can _____.
gather information concerning the business practices of any corporation engaged in commerce
To execute their rule-making function, U.S. administrative agencies issue guidelines that _____.
help businesses determine if certain practices may or may not be viewed as legal
The role of the regional offices of U.S. administrative agencies is to _____.
investigate alleged violations of the law
U.S. administrative agencies exercise their quasi-legislative power by _____.
issuing rules and regulations that have the force and effect of law
A feature of the doctrine of primary jurisdiction is that _____.
it ensures uniformity and consistency in dealing with matters entrusted to an administrative body
In the context of government control over administrative processes, a feature of the executive branch of government is that _____
it makes budget recommendations to the legislature
In the context of the judicial review of agency adjudications, the doctrine of exhaustion of remedies is a court-created rule that _____.
limits when courts can review administrative decisions
When reviewing the findings of fact made by an administrative agency, a court upholds the agency's findings and conclusions if they are supported by substantial evidence in the record. Here, substantial evidence refers to _____.
material evidence from which a reasonable person might reach the same conclusion as did the agency
In the context of the functions of the quasi-judicial staff of a U.S. administrative agency, the role of an administrative law judge is to _____.
perform the adjudicative fact-finding function
A doctrine similar to exhaustion of remedies is known as:
primary jurisdiction
The secretary of a U.S. administrative agency is an individual who is _____.
responsible for the minutes of agency meetings
A person has standing to sue if he or she _____.
suffers economic loss due to an agency's action
The role of the executive director for administration of a U.S. administrative agency is to _____.
supervise usual administrative functions such as accounting, budgeting, and personnel
The general counsel of a U.S. administrative agency is an individual who is _____.
the chief law officer and legal adviser of the agency
The delegation of quasi-legislative authority to administrative agencies must be definite, which means that _____.
the delegation must be set forth with sufficient clarity
In the context of the delegation of quasi-legislative authority to administrative agencies, arbitrary administrative action and administrative abuse of discretionary power are controlled by
the existence of procedural safeguards
A feature of the advisory councils of a U.S. administrative agency is that _____.
they are interested in the agency's mission
True or false: The general language used in delegating quasi-legislative authority usually involves grants of substantial discretion to an agency.
true
Persons who serve as the advisory councils of a U.S. administrative agency are _____.
usually selected because of their expertise
In the context of government control over administrative processes, the executive branch has:
veto power over the statutes of the legislature.