BLAW 310 Chapter 5
Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.
False
An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.
False
An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."
False
By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution.
False
Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.
False
If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.
False
Independent regulatory agencies include the cabinet departments of the executive branch.
False
Like statutory law, administrative law is created by legislatures.
False
The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.
False
Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.
False
Unlike those who violate statutes, violators of agency rules are not punished.
False
A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.
True
Administrative agencies can conduct warrantless searches in some situations.
True
An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.
True
Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.
True
Often, an administrative agency itself enforces its rules.
True
The period for persons to comment on a proposed administrative rule must be at least thirty days.
True
The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.
True
