Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
59. In addition to civil and criminal penalties, agencies may seek injunctions to stop a person or business from engaging
in behavior that violates a particular statute.
a. True
b. False
60. If necessary, a federal agency would be allowed to order the destruction of the property of a business in violation of
a regulation.
a. True
b. False
61. When a regulatory agency brings criminal charges against a company, it must work with the Department of Justice
to carry the matter forward.
a. True
b. False
62. Most "informal" agency procedures are more costly than formal procedure.
a. True
b. False
63. Agencies may gather evidence in an informal manner, such as discussions with business managers.
a. True
b. False
64. Informal agency procedure may include testing and inspections as well as the processing of permits.
a. True
b. False
65. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine
inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the
company contested. The appeals court held that the citation would be stricken because there was evidence of
bias and hostility by the inspector toward the company.
a. True
b. False
66. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine
inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the
company contested. The appeals court held there was sufficient evidence to uphold the citation.
a. True
b. False
67. In reviewing agency informal procedures, the courts are generally most concerned that the agency procedure was
fair and consistent with the intent of Congress.
a. True
b. False
68. An adjudicatory hearing is a formal process run by an agency similar in fashion to a court trial, but does not use
juries.
a. True
b. False
69. An adjudicatory hearing by an agency is subject to the Administrative Procedure Act.
a. True
b. False
70. An adjudicatory hearing by an agency about a regulatory violation is often requested by companies hoping to clear
the matter.
a. True
b. False
71. An adjudicatory hearing may be informal, not subject to procedural rules, so that the parties may negotiate a
resolution without concern for details.
a. True
b. False
72. An administrative law judge is not a federal judge but an employee of an administrative agency.
a. True
b. False
73. Administrative law judges are appointed by the president with the consent of the Senate for 10 year terms of office.
a. True
b. False
74. Administrative law judges issue written opinions after hearings on administrative complaints.
a. True
b. False
75. At administrative hearings run by administrative law judges, witnesses may not be called.
a. True
b. False
76. The Supreme Court has established the right of a citizen to demand a jury trial in administrative hearings run by
administrative law judges.
a. True
b. False
77. Decisions of Administrative Law Judges are the final resolutions of administrative complaint matters.
a. True
b. False
78. Decisions of Administrative Law Judges may be appealed directly to the Supreme Court.
a. True
b. False
79. Decisions of Administrative Law Judges are appealed to the head of their agency.
a. True
b. False
80. The final decision of the head of an administrative agency or commission may usually be appealed to the U.S.
Court of Appeals.
a. True
b. False
81. Judicial review of administrative agency actions may only look for evidence of violations of constitutional rights.
a. True
b. False
82. A party injured by an administrative rule always has the right to seek review of the rule in federal court.
a. True
b. False
83. The Administrative Procedures Act controls the appeals process from agency actions.
a. True
b. False
84. All federal courts have jurisdiction to hear appeals from administrative agency actions.
a. True
b. False
85. For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, reviewability,
standing, ripeness and exhaustion.
a. True
b. False
86. For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, interest,
challenge, and exhaustion.
a. True
b. False
87. Congress may restrict judicial review of agency actions.
a. True
b. False
88. A party seeking a court challenge to an agency decision or action must have standing to seek judicial review.
a. True
b. False
89. In Japan, administrative law, in general, has less impact on business than in the U.S.
a. True
b. False
90. All citizens have standing, under the Constitution, to challenge the constitutionality of any new regulation.
a. True
b. False
91. In Lujan v. Defenders of Wildlife, the Supreme Court upheld the standing of an environmental group to challenge
construction of a dam in Egypt supported by U.S. aid where construction threatened an endangered crocodile.
a. True
b. False
92. In Lujan v. Defenders of Wildlife, the Supreme Court held that for a party to have standing to challenge an
administrative decision they must have suffered an "injury in fact."
a. True
b. False
93. In Lujan v. Defenders of Wildlife, the Supreme Court held that for a party to have standing to challenge an
administrative decision they must be "an interested party."
a. True
b. False
94. In Summers v. Earth Island Institute the Supreme Court held that an environmental group did not have standing to
seek judicial review of a Forest Service decision to log a burned area of forest.
a. True
b. False
95. In Summers v. Earth Island Institute the Supreme Court held that an environmental group had standing as
representatives of concerned citizens to seek judicial review of a Forest Service decision to log a burned area of
forest.
a. True
b. False
96. In Summers v. Earth Island Institute the Supreme Court held that environmental and other citizen groups have the
right to intervene to challenge most regulatory decisions.
a. True
b. False
97. The Supreme Court had held that there may be no judicial review of an agency action unless the agency decision is
final.
a. True
b. False
98. Before an appeal to a federal court may be made, an agency decision must be "ripe" for review, meaning the courts
will not intervene in agency process still underway.
a. True
b. False
99. Before an appeal of the decision of an administrative agency may be made to a federal court, all appeal processes
within the agency must be exhausted first.
a. True
b. False
100. A court's review of an agency's substantive determinations generally receives the lowest scope of judicial review.
a. True
b. False
101. In general, a court will overturn an agency's substantive determination only if it is arbitrary and capricious.
a. True
b. False
102. One meaningful check on administrative agencies is judicial review.
a. True
b. False
103. A court's review of an agency's procedural requirements is generally "minimal."
a. True
b. False
104. Congress can control agency activities through the budget process.
a. True
b. False
105. Congress requires all regulatory agencies to compute cost-benefit and risk analysis to justify major new regulations
prior to their being issued.
a. True
b. False
106. The Data Quality Act requires agencies to ensure the quality of scientific, technical and economic information in
regulatory standards.
a. True
b. False
107. The Freedom of Information Act requires federal agencies to make public all information gathered in investigations.
a. True
b. False
108. The Privacy Act protects information about individuals from full disclosure by administrative agencies.
a. True
b. False
109. The Government in the Sunshine Act holds that if an agency decision is made at a meeting held in violation of the
Sunshine Act, the decision is valid.
a. True
b. False
110. The Government in the Sunshine Act requires advanced public notice of most regulatory meetings.
a. True
b. False
111. In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the
Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became
final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that under
federal law responses must be filed within 30 days or there could be no review.
a. True
b. False
112. In Lone Mountain Processing v. Secretary of Labor, a mining firm railed to respond to a citation from the
Mine Safety and Health Administration (MSHA) for regulatory violations within 30 days, so the citations became
final. The firm protested the refusal to reconsider the matter after 30 days. The appeals court held that the agency
was inconsistent in when it allowed review, which was arbitrary and capricious, so review would be granted.
a. True
b. False
