law ch 13

Which of the following is not true about administrative agencies?

None of the above is correct.

Which of the following would not be found in an administrative agency's enabling act?

The right to determine its own powers

Cabinet level agencies are headed by

a secretary

When a federal agency creates a rule, it has the same effect as

a statute

An alleged violator of administrative rules is entitled to an administrative hearing conducted by a(n)

administrative law judge

Administrative agencies exist at the

all of the above

The statute creating an administrative agency that is granted rule-making power will

all of the above

Which of the following is a power commonly granted to agencies that allows them to carry out their fact-finding functions?

all of the above

The notice-and-comment period requires

all of the above publication of proposed rules, agencies to accept written comments from anyone, agencies to explain the purpose and rationale of rules

Some administrative agencies are authorized to use which of the following investigative methods?

all of the above are correct

Which of the following can create administrative agencies?

all of the above can create administrative agencies

Sometimes legislatures promulgate statutes that are not very clear. An administrative agency can help through

an interpretive clause

Agency adjudication must comply with

both A and B are correct

The fact that administrative agencies often make and enforce rules and conduct adjudicatory hearings does not violate the principle of separation of powers, because

both a and c the creating body can also destroy an agency agencies are set up so to separate each of their functions

Procedural rules

establish standard processes

Administrative agencies first came into existence during the 1950s.

false

Agencies are generally delegated the task of writing their own enabling acts.

false

All administrative agencies have the same organizational structure.

false

Legislative bodies rely on the judiciary to oversee the day-to-day operations of businesses and professions

false

Notice-and-comment procedures are required for all agency rule-making, both substantive and process-oriented rules

false

The Administrative Procedure Act of 1946 established the very first administrative agencies.

false

The administrator of the Environmental Protection Agency (EPA) serves at the pleasure of Congress.

false

The statute by which a legislative body establishes an administrative agency is called the origination act.

false

Very few agencies are delegated the power to investigate.

false

bipartisan commission only has members from the president's party

false

the Administrative Procedures Act (APA) requires that general notice of proposed rule-making be published in the Washington Post.

falseq

Legislatures use enabling acts to create administrative agencies

true

Rule-making is a quasi-legislative power of administrative agencies.

true

The federal Administrative Procedures Act (APA) serves as a model for states.

true