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39. Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by
that agency is then appealed to the courts, the court will generally apply what test in reviewing factual
determinations?
a. The unwarranted by the facts standard.
b. The substantial evidence test.
c. The arbitrary and capricious test.
d. The beyond a reasonable doubt standard.
40. The President has significant control over administrative agencies housed within the executive branch by virtue of his
power to:
a. influence the budgeting process.
b. appoint and remove the chief administrator of those agencies.
c. impound moneys appropriated to the agency by Congress.
d. All of these are powers of the President.
41. To what do the letters APA refer?
a. The Administrative Protection Act
b. The Administrative Procedures for Adjudication
c. The Administrative Procedure Act
d. The Administrative Policy Association
42. Much of federal, state, and local law in this country has been established by administrative agencies. Because
agencies possess tremendous power, many people have labeled them the:
a. independent commissions.
b. legislative enforcers.
c. fourth branch of government.
d. None of these.
43. To what do the letters ALJ refer?
a. American Law Judges
b. Administration's Legal Judge
c. Administrative Law Judge
d. Administrative Local Judiciary
44. Rulemaking powers of federal agencies are primarily governed by the:
a. SEC.
b. APA.
c. FCC.
d. NHTSA.
45. Which of the following is an administrative agency?
a. The EPA
b. The FTC
c. The SEC
d. All of these are administrative agencies.
46. The Administrative Dispute Resolution Act:
a. was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies.
b. requires federal agencies to use alternative dispute resolution.
c. was enacted to require state and federal agencies to use formal methods of dispute resolution.
d. authorizes and encourages, but does not require, federal agencies to use techniques such as mediation,
conciliation, and arbitration to resolve disputes informally.
47. The legislature may exercise control of administrative agencies in all of the following ways, EXCEPT:
a. through its budgetary power.
b. through the power to appoint and remove chief administrators.
c. by amending an enabling statute to increase, modify, or decrease an agency’s authority.
d. All of these are ways the legislature controls agencies.
48. An agency’s deciding an appealed case de novo means:
a. agency hearings produce evidence of general conditions.
b. the agency may hear additional evidence and arguments in deciding whether to revise the findings and
conclusions made in the initial decision.
c. without regard to new evidence.
d. an agency may impose in its orders sanctions, such as penalties.
49. Administrative agencies perform what basic function?
a. Rulemaking
b. Law enforcement
c. Adjudication
d. All of these are functions of administrative agencies.
50. An administrative law judge for the Federal Trade Commission decides a case against a retail store chain. The
company wants to appeal the decision. Which of the following is correct regarding the appeal of the case?
a. The FTC may decide the case de novo.
b. There is no appeal from the decision of the ALJ.
c. The governing body of the agency will decide the case by having a jury trial.
d. The appeal will go directly to the federal district court, which will strictly apply the common law rules of
evidence.
51. Which of the following statements is true regarding administrative law judges?
a. They are appointed by the president with the approval of the Senate.
b. They may be removed only for good cause.
c. The administrative law judge cannot impose sanctions in her orders.
d. There are more than twice as many federal judges as there are administrative law judges.
52. The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact
statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force
the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing
them. Which of the following statements is true regarding the agency's actions?
a. The agency has a right to act in this way and a duty to be efficient with taxpayer money.
b. The rules in this instance are procedural in nature and therefore are not required to be published.
c. The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in
the APA.
d. The agency has no rulemaking authority, because only Congress can make legislative rules.
53. A federal agency that wishes to adopt administrative rules must do so in compliance with the:
a. Administrative Procedures Act.
b. U.S. Constitution.
c. agency's enabling statute.
d. Rules must be adopted in compliance with all of the above.
54. In reviewing an agency action, which of the following is included in the questions of law a court will consider?
a. Whether the agency violated any constitutional provision.
b. Whether the agency acted contrary to the procedural requirements of the law.
c. Whether the agency exceeded its authority.
d. All of these would be considered.
55. What standard does a court use in reviewing the factual determinations of an administrative agency?
a. Whether the adjudication was arbitrary and capricious.
b. Whether the conclusions reached are supported by substantial evidence.
c. Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues
that were not properly before the agency were decided.
d. Any one of these, depending on the particular situation.
56. Federal administrative agencies are charged with all but which of the following?
a. National security
b. Labor relations
c. Securities markets
d. All of these are regulated by federal administrative agencies.
57. What is required by the substantial evidence test?
a. The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.
b. It permits the court to try the facts de novo.
c. It requires that the agency set aside action if it is prejudicial.
d. It requires proof beyond a reasonable doubt.
58. The Privacy Act:
a. prohibits any disclosures of records covered by the Act to the individuals about whom information has been
collected.
b. is another name for the Freedom of Information Act.
c. requires agencies to collect information to the greatest extent practicable directly from the individual affected.
d. requires agencies, after six years, to delete the information gathered about an individual.
59. The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy-
making process prior to the publication of notice of a proposed agency rule is the:
a. Negotiated Rulemaking Act.
b. Administrative Procedure Act.
c. Administrative Dispute Resolution Act.
d. Government in the Sunshine Act.
60. The APA’s requirements that the agency provide prior notice of a proposed rule, an opportunity for interested
parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the
rule’s basis and purpose are the requirements for issuance of rules in accordance with:
a. formal rulemaking.
b. hybrid rulemaking.
c. informal rulemaking.
d. negotiated rulemaking.
61. Emily would like to become an administrative law judge. How should she go about exploring this employment option?
a. She should fill out an application for federal employment pursuant to the federal civil service merit selection
rules.
b. She should talk to her congressional representative and ask for a recommendation.
c. She should contribute a substantial sum of money to the President's political party so that the President will
consider appointing her to such a job.
d. She should file for election to the job during the next election year.
62. The is the federal public records statute requiring most records in agency files to be open to the public.
a. FOIA
b. APA
c. ALJ
d. Government in the Sunshine Act
63. Agencies may deny access to which of the following types of records?
a. Those related to national defense and specifically authorized to be kept secret
b. Those relating to internal personnel rules
c. Trade secrets
d. All of these.
64. Which of the following is not covered by the Government in the Sunshine Act?
a. The Securities and Exchange Commission
b. The Federal Trade Commission
c. The Food and Drug Administration
d. The Consumer Product Safety Commission
e. All federal agencies are covered by the requirements of the Government in the Sunshine Act.
65. After a FOIA request has been made, an agency has to indicate whether it intends to comply.
a. three business days
b. ten working days
c. three weeks
d. one month
66. Compare the adjudication process in an administrative hearing to the judicial process. What takes place at an
administrative hearing in contrast to what takes place at a trial in court?
67. What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c)
the executive branch?
68. What is an administrative agency? What powers does an administrative agency possess? How does an
administrative agency utilize its powers?
69. The SEC would like to adopt some new rules to protect investors. What factors should it consider as part of the
administrative process?
70. (a) What is the purpose of the Freedom of Information Act?
(b) To what categories of records does the FOIA permit agencies to deny access?
