Business Law Chapter 20

Which of the following are sources of administrative law? (3 answers)

1. agency opinions 2. executive orders 3. agency regulations

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

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

Agency budget information

What is the role of an administrative law judge?

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

Which os the following statements correctly reflects the role of a federal administrative law judge?

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

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

Freedom of Information Act

An 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.

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

They are legal requirements and binding as if Congress 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

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

arbitrary and capricious

What is rulemaking?

formulating new regulations or rules

What is enforcement and investigation?

monitoring compliance, investigations, and possibly discovering rule violations

What is adjudication?

resolving a dispute by holding a hearing similar to a trial in which an ALJ presides and makes a decision

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

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

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

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

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

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

What are the benefits of the doctrine exhaustion?

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

What must a court do before appealing an agency action in the court system? (2 answers)

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? (2 answers)

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