Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
208. When a court reviews the way an agency interprets a statute, it will use which scope of judicial review:
a. the lowest scope possible
b. strict scrutiny compared to review of procedural requirements
c. an arbitrary and capricious standard compared to review of procedural requirements
d. less scrutiny compared to review of procedural requirements
e. remote effects scrutiny
209. In addition to being checked by judicial review, administrative agencies are also checked by:
a. other agencies
b. Congress
c. the Bill of Rights
d. international treaties
e. none of the other choices are correct
210. The most immediate control mechanism enjoyed by Congress for regulating administrative agencies is the ability to
control agency activity through:
a. the legislative process
b. the rulemaking process
c. the budget process
d. the trial process
e. the regulation process
211. An administrative agency's final budget must be agreed on by:
a. the House of Representatives and the Senate
b. the Supreme Court and the President
c. the Supreme Court, the President and the Vice President
d. the House of Representatives, the Senate and the President
e. The House of Representatives and the Vice President
212. Presidents use to instruct administrative agencies to undertake certain tasks.
a. executive orders
b. executive suggestions
c. executive budget cuts
d. executive writings
e. executive mandates
213. Under the if scientific, technical, and economic information standards are not met in analyses done to support
administrative agency regulations, affected parties may challenge a regulation for not being supported by adequate
analysis.
a. Freedom of Information Act
b. Data Quality Act
c. Data Obtaining Act
d. Privacy Act
e. Scientific and Technical Support Act
214. The makes most documents held by federal agencies available to the public.
a. Freedom of Information Act
b. Data Quality Act
c. Data Obtaining Act
d. Privacy Act
e. Scientific and Technical Support Act
215. The makes most documents held by federal agencies available to the public.
a. Open Records Act
b. Data Quality Act
c. Data Obtaining Act
d. Privacy Act
e. none of the other choices are correct
216. Which of the following documents are exempt from being released upon request to the public under the Freedom of
Information Act:
a. trade secrets
b. documents related to national security
c. documents that would invade personal privacy if released
d. all of the other specific choices are correct
e. none of the other specific choices are correct
217. A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents
are:
a. always secret, under the Privacy Act, unless used in court
b. available to the public under the Freedom of Information Act, unless they concerns information about
individuals protected by the Privacy Act
c. available to the public under the Government in the Sunshine Act, unless it concerns information about
individuals protected by the Privacy Act
d. all available to the public under the Federal Sunshine Act
e. none of the other choices
218. The requires that unless an exception applies, notice and prior consent are required before an agency can
disclose information that concerns and identifies an individual.
a. Open Records Act
b. Data Quality Act
c. Data Obtaining Act
d. Privacy Act
e. Sunshine Act
219. The requires that unless an exception applies, notice and prior consent are required before an agency can
disclose information that concerns and identifies an individual.
a. Open Records Act
b. Data Quality Act
c. Data Obtaining Act
d. Sunshine Act
e. none of the other choices are correct
220. The purpose of the Government in the Sunshine Act is to:
a. limit secret meetings by administrative agencies
b. allow secret meetings by administrative agencies
c. limit pollution by administrative agencies
d. increase the power of administrative agencies
e. none of the other choices are correct
221. Under the Government in the Sunshine Act, an agency is not required to have an open meeting when the meeting
concerns:
a. secrets related to national defense
b. disclosures of trade secrets
c. disclosures of protected financial information
d. all of the other specific choices are correct
e. none of the other specific choices are correct
222. Which of the following is a provision of the Government in the Sunshine Act?
a. state courts have authority to enforce provisions of the Act
b. an agency action taken at a meeting in violation of the Act is invalid
c. the public must be told, at least an hour ahead of time, about any agency meeting
d. federal courts may not issue injunctions against agencies for violations of the Act
e. all of the other choices are provisions of the Sunshine Act
223. Which of the following is a provision of the Government in the Sunshine Act?
a. state courts have authority to enforce provisions of the Act
b. the public must be told, at least an hour ahead of time, about any agency meeting
c. federal courts may not issue injunctions against agencies for violations of the Act
d. all of the other specific choices are provisions of the Sunshine Act
e. none of the other choices
Fact Pattern 15-1
Congress creates the Federal Authority on Homelessness (FAH) and gave it broad powers to issue regulations,
conduct searches, investigate areas where homelessness is a particular problem, and bring actions against those
who discriminate against the homeless, or fail to follow FAH regulations.
In March 2009, FAH issued a rule that businesses with 15 or more employees cannot discriminate against the
homeless in employment. The regulation states that businesses must take steps to recruit homeless people as
employees and must provide homeless employees with adequate shelter. No public hearings are held and the final
rule was published in the Federal Register in June, 2009.
In October, 2009 FAH inspectors arrive at Elroy's Tackle Shop in Eureka, California. Elroy employs 18 people,
including clerks, cashiers, and fishing guides. The inspectors ask Elroy what steps he has taken to hire a homeless
person. He tells the inspectors that he has taken no steps, they fine him $5000 and inform him that he had better
take such steps soon.
Elroy did not know FAH existed or that he had a duty to try to hire homeless people. He calls his attorney, Maia,
and asks her what to do. She suggests that he file a complaint stating that FAH failed to follow proper procedures
when it issued the rule.
224. Refer to Fact Pattern 15-1. In addition to the legislation that creates FAH, which other piece of federal legislation
will play a key role in the administrative functioning of the agency?
a. the Clean Air Act
b. the Truth in Government Act
c. the Administrative Procedures Act
d. the Congressional Sunshine Act
e. the Administrative Development Act
225. Refer to Fact Pattern 15-1. When Congress wants to create the FAH, what action must it undertake?
a. it will need to get Supreme Court approval to create it
b. it will need to submit a bill to the U.S. Court of Appeals for the District of Columbia to rule on whether or not
the agency is constitutional
c. it must abolish the Dept. of Housing and Urban Development (HUD) because FAH will preempt HUD
authority
d. it will need to pass an enabling statute creating FAH
e. it must adopt a legislative veto in order to create FAH
226. Refer to Fact Pattern 15-1. Why might Congress have created the FAH?
a. to resolve a problem demanding expertise
b. to resolve a problem demanding supervision
c. to resolve a problem demanding local attention
d. to resolve a problem demanding expertise and demanding supervision
e. to resolve a problem demanding expertise and demanding supervision and to solve a problem demanding local
attention
227. Refer to Fact Pattern 15-1. When FAH promulgates its rule regarding the employment of homeless persons, what
type of rule is the agency issuing?
a. a procedural rule
b. a substantive or legislative rule
c. a declaratory rule
d. an interpretative rule
e. a normative rule
228. Refer to Fact Pattern 15-1. Assume for this question that the rule is a substantive rule. What must FAH do before
it issues a final substantive rule?
a. it must provide public notice of the rule
b. it must receive Presidential approval of the rule
c. it must provide for a public comment period
d. it must provide public notice of the rule and it must receive Presidential approval of the rule
e. it must provide public notice of the rule and it must provide for a public comment period
229. Refer to Fact Pattern 15-1. Suppose FAH claims its rule is an interpretative rule, not subject to court review, that it
is not a substantive rule. If Elroy later sues the agency, what will the likely outcome of the case be? A court will:
a. dismiss the case for lack of standing
b. rule that the agency followed proper procedures in issuing the rule
c. rule that the agency did not follow proper procedures because it is a substantive rule
d. refuse to the hear the case because there is no actual controversy
e. rule in favor of Elroy because the agency violated the Privacy Act
230. Refer to Fact Pattern 15-1. When the FAH agents appeared at Elroy's door in October, 2003 the agents were
acting under which kind of Congressionally delegated power?
a. the legislative power
b. the investigative power
c. the adjudicatory power
d. the financial power
e. the responsive power
231. Refer to Fact Pattern 15-1. The FAH agents need which of the following to inspect the premises of Elroy's Tackle
Shop legally?
a. a subpoena
b. a warrant for arrest
c. a request for production
d. a search warrant
e. the agents need nothing, they can search as they wish
232. Refer to Fact Pattern 15-1. Before Elroy can take his case to court, which of the following procedural requirements
must he meet?
a. he must have exhausted all administrative channels
b. he must have a hypothetical controversy
c. he must take the case to the correct court
d. all of the other specific choices
e. he must have exhausted all administrative channels and he must take the case to the correct court
233. Refer to Fact Pattern 15-1. If a court were to review actions of the FAH in promulgating the June, 2009 rule, what
scope of review would a court use?
a. a low level of scrutiny because only technical issues are involved
b. strict scrutiny because procedural issues are involved
c. mid-level scrutiny required of all new agency regulations
d. arbitrary scrutiny as Congress required in the statute
e. de jure scrutiny required of all new agency regulations
234. In Lone Mountain Processing v. Secretary of Labor, a mining firm failed 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:
a. federal law made the 30-day period mandatory, so the citation was final and could not be appealed
b. failure to respond to the citation within 30 days absent a significant reason is not acceptable, so the citation
stands
c. the MSHA was inconsistent about when it allowed matters to be reopened after 30 days, so it could not
arbitrarily reject to reconsider this citation
d. the mining company had not exhausted all procedural remedies so the appeal was not ripe for consideration
by the appeals court
e. none of the other choices are correct
235. 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:
a. federal law made the 30-day period mandatory, so the citation was final and could not be appealed
b. federal law made the 30-day period mandatory, so the citation was final and could not be appealed
c. appeals of MHSA decisions were required to go before the Department of Labor Review Panel before the
matter could be taken to federal court
d. the mining company had not exhausted all procedural remedies so the appeal was not ripe for consideration
by the appeals court
e. none of the other choices are correct
