Question 1

A consent order is ________.

Accepted Answer

A)  an agreement on the part of a company to accept a particular administrative action or remedy imposed by an agency, after having admitted guilt
B)  a court order issued by a federal district court requiring that a business cease to engage in a particular behavior
C)  an agreement by a business to stop an activity an administrative agency alleges to be unlawful and to accept the remedy the agency imposes, without having to accept guilt
D)  a court order issued by a federal appellate court ordering a federal district court to supervise an administrative agency's behaviorE) A) and C)
F) All of the above

Question 2

Which of the following statements is true of the Financial Services Authority (FSA)  of the United Kingdom?

Accepted Answer

A)  It is a governmental body whose board of directors is appointed by the president.
B)  It oversees transactions and demands ethical and legal conduct from firms.
C)  It utilizes government funding that must be approved by the British Parliament.
D)  It has to coordinate with other governmental bodies to regulate trading exchanges.E) A) and B)
F) A) and C)

Question 3

An administrative agency ________.

Accepted Answer

A)  does not have the judicial power to adjudicate individual cases
B)  does not have the executive power to investigate corporate misconduct
C)  includes public utilities commissions and building authorities at the state level
D)  is situated wholly in the legislative branch of governmentE) A) and C)
F) B) and C)

Question 4

The Federal Tort Claims Act of 1946 requires the federal government to ________.

Accepted Answer

A)  file legal actions against corporations violating strict liability torts
B)  waive sovereign immunity for the tortious acts of its employees in certain cases
C)  measure the cost that a proposed rule would impose on a business
D)  hold every portion of a business meeting open to public attendanceE) B) and C)
F) C) and D)

Question 5

Which of the following is the final step in an informal rulemaking process?

Accepted Answer

A)  Proposed rules are published in the Federal Register.
B)  Interested parties file written comments on the written draft within a 30-day period from publication in the Federal Register.
C)  Agency receives feedback from interested parties during a stipulated period of time and makes a decision on whether the final draft should be rewritten.
D)  Final draft of a rule is published in the Federal Register 30 days before it takes effect.E) B) and D)
F) A) and D)

Question 6

Which of the following is an example of a procedural rule in operation?

Accepted Answer

A)  a Social Security recipient being entitled to receive a check for a large amount
B)  a Medicare recipient contacting a member of Congress to complain about the confusing health care system in the United States
C)  the Internal Revenue Service giving notice to all parties involved in an agency hearing
D)  the U.S. Department of Health and Human Services referring a client to a state agency better suited to handle his or her problemE) A) and B)
F) A) and C)

Question 7

List the administrative activities, in addition to rulemaking and adjudication, that are performed by executive and independent agencies.

Accepted Answer

In addition to rulemaking and adjudicati...

Question 8

Which of the following statements is true about the role of an administrative law judge (ALJ)  during a hearing?

Accepted Answer

A)  An ALJ is required to remain silent during a hearing.
B)  An ALJ can intervene during a hearing to ask questions.
C)  An ALJ can only take note of the evidence that both parties have introduced.
D)  An ALJ must submit questions to the involved parties in writing in advance of the hearing.E) None of the above
F) A) and B)

Question 9

The authority of administrative agencies is limited by the legislative branch through the power of ________.

Accepted Answer

A)  Congress to terminate an agency
B)  Congress to appoint administrative law judges
C)  the president to remove the heads of the agencies
D)  the Office of Management and Budget to recommend a fiscal-year budget for each agencyE) B) and C)
F) None of the above

Question 10

Which of the following best defines a preponderance of the evidence?

Accepted Answer

A)  It is a legal standard which transfers the right to adjudicate to a Supreme Court judge.
B)  It is a legal standard that places the burden of proving the facts of the case on one party.
C)  It is a legal standard whereby the evidence is in favor of one party.
D)  It is a legal standard whereby a bare majority of the evidence is sufficient to justify a ruling.E) A) and D)
F) B) and C)

Question 11

The procedure for formal rulemaking provides for ________.

Accepted Answer

A)  an agency notice of proposed rulemaking to the public in the Federal Register
B)  an opportunity for all interested parties to submit written comments to the agency
C)  a hearing at which experts give their opinions on a rule proposed by the agency
D)  the appointment of counsel for persons unable to afford representation at the formal hearingE) B) and D)
F) C) and D)

Question 12

Preponderance of the evidence is a legal standard whereby a bare majority of the evidence is sufficient to justify a ruling.

Accepted Answer

A) True 
 B)False

Question 13

The National Labor Relations Board (NLRB) is informed that Verdure Industries, a candle manufacturer, is violating a few labor laws of the U.S. What steps should the NLRB take in this case?

Accepted Answer

In carrying out its adjudicative functio...

Question 14

Which of the following is true of hybrid rulemaking?

Accepted Answer

A)  It allows agencies to adopt regulations without inputs from the public.
B)  It allows agencies to set a period for public comments and to hold a public hearing.
C)  It balances the needs of federal agencies with the needs of state agencies whose jurisdictions overlap.
D)  It allows agencies to adopt regulations without having to publish these regulations in the Federal Register.E) A) and B)
F) A) and C)

Question 15

Which of the following refers to the power delegated by Congress to an administrative agency to make rules that must be adhered to by individuals and businesses regulated by the agency?

Accepted Answer

A)  fiduciary power
B)  executive power
C)  legislative power
D)  judicial powerE) B) and D)
F) B) and C)

Question 16

Explain how the power of administrative agencies is limited by the executive branch of the government.

Accepted Answer

The power of administrative agencies is ...

Question 17

An agency whose appointed heads and members serve for fixed terms and cannot be removed by the president except for reasons defined by Congress is called a(n)  ________.

Accepted Answer

A)  independent administrative agency
B)  executive administrative agency
C)  congressional administrative agency
D)  permanent administrative agencyE) A) and B)
F) B) and D)

Question 18

Which of the following statutes contains the Code of Federal Regulations (CFR) ?

Accepted Answer

A)  The Government in Sunshine Act
B)  The Federal Privacy Act
C)  The Federal Register Act
D)  The Freedom of Information ActE) B) and C)
F) B) and D)

Question 19

Explain the reasons for the rapid growth of administrative agencies in the U.S.

Accepted Answer

Administrative agencies have proliferate...

Question 20

Which of the following is true about the review of an adjudicative proceeding by a federal court?

Accepted Answer

A)  The court will review both the legal and factual findings of the agency, even if the findings are supported by substantial evidence in the record.
B)  The court will review the factual findings but not the legal findings, unless the legal findings are supported by substantial evidence in the record.
C)  The court will not review the factual findings as long as they are supported by substantial evidence in the record.
D)  The court will conduct its own hearing and will not concern itself with the agency's legal or factual findings.E) All of the above
F) B) and D)

Exam 18: The Law of Administrative Agencies

Which of the following best defines a preponderance of the evidence?

Correct AnswerverifiedShow Answer

List the administrative activities, in addition to rulemaking and adjudication, that are performed by executive and independent agencies.

Correct AnswerverifiedIn addition to rulemaking and adjudicati...View AnswerShow Answer

The National Labor Relations Board (NLRB) is informed that Verdure Industries, a candle manufacturer, is violating a few labor laws of the U.S. What steps should the NLRB take in this case?

Correct AnswerverifiedIn carrying out its adjudicative functio...View AnswerShow Answer

An administrative agency ________.

Correct AnswerverifiedShow Answer

Explain the reasons for the rapid growth of administrative agencies in the U.S.

Correct AnswerverifiedAdministrative agencies have proliferate...View AnswerShow Answer

Which of the following statutes contains the Code of Federal Regulations (CFR) ?

Correct AnswerverifiedShow Answer

An agency whose appointed heads and members serve for fixed terms and cannot be removed by the president except for reasons defined by Congress is called a(n) ________.

Correct AnswerverifiedShow Answer

A consent order is ________.

Correct AnswerverifiedShow Answer

Explain how the power of administrative agencies is limited by the executive branch of the government.

Correct AnswerverifiedThe power of administrative agencies is ...View AnswerShow Answer

Which of the following statements is true of the Financial Services Authority (FSA) of the United Kingdom?

Correct AnswerverifiedShow Answer

Which of the following refers to the power delegated by Congress to an administrative agency to make rules that must be adhered to by individuals and businesses regulated by the agency?

Correct AnswerverifiedShow Answer

Preponderance of the evidence is a legal standard whereby a bare majority of the evidence is sufficient to justify a ruling.

Correct AnswerverifiedShow Answer

Which of the following is an example of a procedural rule in operation?

Correct AnswerverifiedShow Answer

The authority of administrative agencies is limited by the legislative branch through the power of ________.

Correct AnswerverifiedShow Answer

Which of the following statements is true about the role of an administrative law judge (ALJ) during a hearing?

Correct AnswerverifiedShow Answer

The Federal Tort Claims Act of 1946 requires the federal government to ________.

Correct AnswerverifiedShow Answer

Which of the following is true of hybrid rulemaking?

Correct AnswerverifiedShow Answer

Which of the following is the final step in an informal rulemaking process?

Correct AnswerverifiedShow Answer

Which of the following is true about the review of an adjudicative proceeding by a federal court?

Correct AnswerverifiedShow Answer

The procedure for formal rulemaking provides for ________.

Correct AnswerverifiedShow Answer

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In addition to rulemaking and adjudicati...
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In carrying out its adjudicative functio...
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Administrative agencies have proliferate...
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The power of administrative agencies is ...
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