Chapter 5-BL

2. Administrative law is a branch a private law

False, it's a branch of public law

14. The Administrative Dispute Resolution Act requires agencies to use alternative dispute resolution

False, doesn't rewuire it

6. A person who is involved in hearing with administrative agency has a right to a trial by jury

False, most matters are solved informally

1. Interpretive rules establish administrative agency's organization and method of operations

False, procedural rules establish its organization and operation

9. Courts, by adjudicating, formulate more policy than do administrative agencies

False, with informal rulemaking

5. Enabling statues require that all administrative rules be made only after the opportunity for an agency hearing

false, most legislative rules are issued in accordance with the informal rulemaking which require that the agency provide the following: 1. prior notice of proposed rule 2. opportunity for interesrest parties to participate in the rule making 3. publication of the final draft *only certain rules can be made after the opportunity for a hearing

order

final disposition made by an agency

Adjucation

formal methods by which an agency resolves disputes

Administrative agency

government entity (other than court a court or legislature) having authority to affect the rights of private parties

Procedural rules

rules issued by an administrative agency establishing its organization method of operation, and the rules of conduct for practice before it

Interpretive rule

statements issues by an administrative agency explaining its construction of the government statute

Legislative rules

substantive rules issued by an administrative agency under the authority delegated to it by the legislature "administrative statutes" -have the force of law if they are constitutional and issued according according to proper procedure

4. Briefly discuss some limitations on administrative agencies

Control of administrative processes comes from all three major branches of government. Legislative control comes through the passage of enabling statutes and approval of budgets. Executive control includes the president's power to appoint members of the agency, and judicial control can be found in the court's power to review a particular rule or order of an administrative agency. In addition, disclosure statutes, such as the Freedom of Information Act and the Government in the Sunshine Act, make agencies more accountable to the public.

11. The legislature can exercise control over administrative agencies by: A its budgetary power B by amending the enabling statute C changing an agency rule by specific legislation D all of the above

D

14. In exercising judicial review the court will inquire into whether the agency has A exceeded it authority B properly interpreted the applicable law C acted contrary to the procedural requirements of the law D all of the above

D

15. Which of the following would have to be disclosed under of the freedom of information act? A National defense secrets B records of agency internal practices C trade secrets D none of the above would have to be disclosed

D

2. A decision by an administrative agency may be overturned if the agency: A Exceeded its authority B acted arbitrarily or capriciously C reached conclusions not supported by substantial evidence D all of the above

D

3. Limits places on administrative agencies include A judicial review of agency actions B appointment if administrators by the president C control of the budget by congress D all of the above

D

6. Which of the following are considered to be basic functions of most administrative agencies? A to make laws B enforce the law C adjudication D all of the above

D

8. In exercising its adjudicative power, and agency may: A impose a fine B seize property C revoke a license D all of the above

D

9. Which of the following is not an administrative agency? A FDA B equal employment opportunity commission C consumer product saftey commission D all of the above

D

1. Federal adminstrative agencies are charged with which of the following? A. Citizenship and naturalization B. Environmental protection C Telecommunications D. All of the above

D they are charged with repsonisbility for natural security, and all those things (85)

three different standards when reviewing factual determination

1. arbritrary and capricious test, where informal rulemaking or informal adjucation has occured, reguires that the agency had a rational basis for reaching its decison 2. substantial evidence, when there has been a formal hearing, or in informal or hybrid decison making if the statute applies. The substatnital evidence test requires that conclusions reached are supported by "such relevant evidence as reasonable mind might accept as adequate to support a conclusion" 3. unwarrented by the facts: permits the courts to try the facts de novo, only used when the enabling statute so provides, when issues that were not before the agency are raised in a proceeding to enforce nonajudicative law

12. Before OSHA can issue a regulation regarding safety in the workplace, it must: A provide an opportunity for interest parties to participate in the rulemaking B determine that congress supports the regulation C publish the regulation in the code of federal regulations D all of the above

A

7. In conducing an investigation, the SEC could: A issue subpoenas requiring production of documents B conduct searched without a warrant C compel disclosure of privileged information D none of the above

A

Administrative law

Adminstrative agencies perform three functions (1) rule making, (2) enforcement, (3) adjucated controvercies

10. The decision of the administrative law judge: A is not subject to review by the courts B can be set aside by the courts if the ALJ made a prejudicial error C will automatically be reviewed by the agency D none of the above

B

13. In ______ rulemaking, the agency must base its rule upon consideration of the record of the agency hearing and include a statement of findings and conclusions on material issues A informal B formal C hybrid D none

B

4. Rules issued by an administrative agency which are in effect "administrative statues" are A interpretive rules B procedural rules C legislative rules D judicial ruled

C

5. In excercing judicial review, the court may: A compel agency action unlawfully withheld B set aside impermissible agency action C both a and b D none

C

2. compare formal, informal, and hybrid rulemakine processes

Informal: agency must provide prior notice of proposed rule-usually by publication in the Fed register, an opportunity tor interested partied to participate, and publication of final draft containing concise general statement of its basis and puepose at least 30 days before the rules effective date Formal: agency must base its rules upon consideration of the record of the trial-like agency hearing and include a statement of findingd and conclusions, and the reasons or basis therfore, on all the material issues of fact, law, or discretion presented on the record. Hybrid: results from combining the informal procedures of the APA with the additional procedures specified by enabling statute

3. explain the process of judicial review upon the activities of administrative agencies

The court may either compel agency action unlawfully withheld or set aside impermissible agency action. In makng these determinations,t eh court must review the whole record, and may set aside agency action only if the error is prejudical. The court decides all the relevant questions law, interprprets constituional and statuatory provisions and determined the meaning and applicability of agency action

5. define the three types of rule making promulgated by administrative agencies

The three types of rules promulgated by administrative agencies include: legislative rules, interpretative rules, and procedural rules. Legislative rules are substantive rules issued by an administrative agency under the authority delegated to it by the legislature. Interpretative rules are statements issued by an administrative agency indicating its construction of its governing statute. Procedural rules are rules issued by an administrative agency establishing its organization, methods of operation, and rules of conduct for practice before it.

10. The order of an administrative law judge may be appealed to the governing body of the agency

True

11. Judicial review acts as a check by a court on an order of administrative agency

True

12. Unless there is good cause, an agency must provide notice of proposed rule and give the public an opportunity to comment

True

13. most matters that come before administrative agencies are resolved by informal aducation

True

3. administrative agencies create more legal rules and adjudicate more controversies than all the legislatures and courts combined

True

4. To be valid legislative rules must not exceed the actual authority granted to the agency by enabling statute

True

7. Administrative agencies promulgate three types of rules: legislative, interpretive, and procederal

True

8. Most legislative rules are issued in accordance with the informal rule making procedures of the administrative procedure act

True

1. Discuss the three basic function of administrative agencies

adminstrative agencies exercise powers that have been allocated by the constitution to the three seperate branches of government. Agencies exercise legislative power when they make rules, executive power when they enforce the law, and judicial power ehen they adjudicate disputes

15.The negotiated rulemaking act requires agencies to use negotiated rule making

false, doesn't exists

Administrative process

entire set of activities engaged in by administrative agencies while carrying out their rule making, enforcement, and adujicative function