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Chapter 5. Administrative Law
1. Administrative law is the branch of private law created by agencies in the form of rules, regulations, orders, and
decisions to carry out regulatory powers and duties.
a. True
b. False
2. Administrative agencies must, within one year of their creation, make records available by electronic means.
a. True
b. False
3. Administrative agencies could include commissions, boards, bureaus, or departments but not government
corporations or offices.
a. True
b. False
4. Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules
have been violated.
a. True
b. False
5. An administrative agency is created when Congress enacts an enabling statute that delegates to the agency the
power to issue rules, regulations, and guidelines to carry out its statutory mandate.
a. True
b. False
6. Congress appoints and removes the chief administrators of federal administrative agencies.
a. True
b. False
7. Only the federal government creates administrative law.
a. True
b. False
8. A statute may preclude judicial review of an agency action.
a. True
b. False
9. Interpretative rules are exempt from the APA’s procedural requirements of notice and comment.
a. True
b. False
10. Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than
those found in the APA.
a. True
b. False
11. Notice of a proposed rule may be given by publication in the Federal Register.
a. True
b. False
12. Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.
a. True
b. False
13. In carrying out their enforcement function, agencies traditionally have been accorded little discretion to compel the
disclosure of information.
a. True
b. False
14. In general, procedural rules are exempt from the notice and comment requirements of the APA.
a. True
b. False
15. After investigating a violation, an administrative agency must always use formal procedures to resolve the matter.
a. True
b. False
16. In 1995, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration
or mediation to resolve disputes.
a. True
b. False
17. Only documentary evidence may be admitted at an administrative hearing.
a. True
b. False
18. Administrative hearings are held before a jury, just as are court hearings.
a. True
b. False
19. Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.
District Court.
a. True
b. False
20. Agencies must submit newly adopted rules to Congress, and a major rule does not become final until Congress has
the opportunity to disapprove it.
a. True
b. False
21. When reviewing factual determinations of an administrative agency, the courts must always use the “arbitrary and
capricious” test.
a. True
b. False
22. Informal rulemaking procedure does not require prior notice of a proposed rule.
a. True
b. False
23. Administrative agencies create more legal rules and adjudicate more controversies than all the legislatures and courts
combined.
a. True
b. False
24. Congress enacted the Administrative Procedure Act in 1946.
a. True
b. False
25. Hybrid rulemaking is more formal than procedures the agency uses in informal rulemaking.
a. True
b. False
26. Parties seeking to challenge agency action must have standing and must have exhausted their administrative
remedies.
a. True
b. False
27. All administrative agency decisions must include a statement of the appropriate rule, order, sanction, or relief.
a. True
b. False
28. The rules of evidence apply to an administrative hearing just as they do to a jury trial in the U.S. District Court.
a. True
b. False
29. If a decision of an ALJ is appealed, the governing body of the agency may decide the case de novo.
a. True
b. False
30. The Freedom of Information Act and the Government in the Sunshine Act are different names for the same
legislation.
a. True
b. False
31. An agency can charge for providing records to a person requesting access to its files.
a. True
b. False
32. Only records specifically exempted from disclosure by statute are exempt from FOIA.
a. True
b. False
33. Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative
Procedure Act (APA).
a. True
b. False
34. The Government in the Sunshine Act allows for closed meetings if they concern agency participation in pending or
anticipated litigation.
a. True
b. False
35. All agency decisions must include a statement of findings of fact and conclusions of law.
a. True
b. False
36. What is the name given to the process by which an administrative agency promulgates statements designed to
implement, interpret, or process law or policy?
a. Rulemaking
b. Lobbying
c. Adjudication
d. Enforcement
37. Criticism of administrative agencies includes that they:
a. lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory
problems.
b. lack the broad powers necessary to effectively deal with regulatory problems.
c. are in effect miniature independent governments which have too much power concentration since the same
bodies establish rules and then act as prosecutors and judges in determining whether those rules have been
violated.
d. All of these are valid criticisms.
38. Administrative statutes, often called regulations, issued by an agency are:
a. legislative rules.
b. enabling statutes.
c. appropriations.
d. orders.
