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1. Before administrative agencies' rules become law, there must be congressional approval.
a. True
b. False
2. An administrative agency is neither a legislative nor a judicial body.
a. True
b. False
3. Administrative agencies can exist at any level of government.
a. True
b. False
4. Administrative agencies are created by some legislative body.
a. True
b. False
5. An enabling act is an act approving rules promulgated by an administrative agency.
a. True
b. False
6. Administrative agencies serve as courts for hearings on rule violations.
a. True
b. False
7. The Privacy Act is part of the Administrative Procedures Act.
a. True
b. False
8. The Freedom of Information Act is part of the Administrative Procedures Act.
a. True
b. False
9. Under a Freedom of Information Act request, a member of the public can obtain all information in the files of a
federal agency.
a. True
b. False
10. Reverse FOIA suits are suits by agencies to stop disclosures.
a. True
b. False
11. The Federal Privacy Act restricts the free exchange of information among federal agencies.
a. True
b. False
12. Law enforcement agencies are exempt from the Federal Privacy Act.
a. True
b. False
13. The Government in the Sunshine Act is often referred to as an open-meeting law.
a. True
b. False
14. The Government in the Sunshine Act applies to all federal administrative agencies.
a. True
b. False
15. Through deregulation the total number of pages of published federal regulations has decreased each year since
1985. a.
True b.
False
16. The Federal Register Act is part of the Administrative Procedures Act.
a. True
b. False
18. The Code of Federal Regulations contains all the regulations of federal agencies.
a. True
b. False
19. The Federal Register is a daily update of changes and proposed changes in the Code of Federal Regulations.
a. True
b. False
20. Formal rule making requires publication of proposed rules.
a. True
b. False
21. Informal rule making does not require publication of proposed rules.
a. True
b. False
22. To withstand challenges, proposed agency rules must be supported by some studies or evidence.
a. True
b. False
23. The Regulatory Flexibility Act allows agencies flexibility in rule making by not requiring publication of proposed
rules.
a. True
b. False
24. During the public comment period for a proposed rule, only affected businesses can make comments.
a. True
b. False
25. Hearings are required in all federal rule proposals.
a. True
b. False
26. Once a rule is proposed, it cannot be withdrawn.
a. True
b. False
27. Because of Earl Devaney’s ethical stances as Inspector General for the Department of Interior he has never held
another position with the federal government.
a. True
b. False
28. The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed.
a. True
b. False
29. An ultra vires challenge is a challenge of the agency's jurisdictional authority on a rule.
a. True
b. False
30. A sunset law creates an agency for a limited time period.
a. True
b. False
31. Hearings conducted by agencies for enforcement purposes need not provide due process for the parties.
a. True
b. False
32. Many federal agencies use licensing as a means of enforcement.
a. True
b. False
33. A consent decree is similar to a plea bargain.
a. True
b. False
34. A consent decree is similar to a nolo contendere plea.
a. True
b. False
35. An ex parte contact is prohibited in administrative hearings.
a. True
b. False
36. Administrative agencies do not permit intervenors to appear in hearings.
a. True
b. False
37. The decision of an administrative law judge can be appealed to the agency heads.
a. True
b. False
38. In some states, an appeal of an administrative agency decision requires a trial de novo.
a. True
b. False
39. Appeals of federal administrative agency decisions go to federal district court.
a. True
b. False
40. Administrative remedies must be exhausted before a court will review agency actions.
a. True
b. False
41. Due process rights before an administrative agency require that formal trials be held before rights are taken away.
a. True
b. False
42. The Federal Register System includes the Federal Register, the Code of Federal Regulations, and the United States
Code. a.
True b.
False
43. The public comment period of 30 days in federal agency rulemaking can be shortened in cases of emergency.
a. True
b. False
44. Inspections are a means of enforcement for administrative agencies.
a. True
b. False
45. Inspections by administrative agencies require a search warrant unless the business owner gives permission.
a. True
b. False
46. Under the FOIA, agencies are not permitted to charge for copying costs.
a. True
b. False
47. Under the federal sunshine laws, agency staff members may hold meetings without notice.
a. True
b. False
48. The Federal Register Act is part of the Administrative Procedures Act.
a. True
b. False
49. Both formal and informal rulemaking processes include public hearings.
a. True
b. False
50. An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.
a. True
b. False
51. By law, there are exactly twelve independent agencies that report to the Office of the President.
a. True
b. False
52. Informal rulemaking is not permitted for promulgation of rules.
a. True
b. False
53. An FOIA request can be denied if national security information is involved.
a. True
b. False
54. Law enforcement purposes are an exception to the prohibited exchanges of information among agencies under the
Federal Privacy Act.
a. True
b. False
55. Only businesses can provide input during the comment period of rulemaking.
a. True
b. False
56. Federal agencies do not have the authority to issue fines.
a. True
b. False
57. Only businesses can provide input in the formal rulemaking process.
a. True
b. False
58. A public comment period must be a minimum of 30 days.
a. True
b. False
59. Licensing and inspection are the only enforcement tools of administrative agencies.
a. True
b. False
60. The United States has about as many or fewer administrative agencies as does its major trading partners.
a. True
b. False
61. An agency that fails to investigate the issues before proposing a rule has acted arbitrarily and capriciously.
a. True
b. False
62. An agency's withdrawal of a rule without factual support for its need for withdrawal has acted arbitrarily and
capriciously.
a. True
b. False
63. The Government in the Sunshine Act requires advance notice of agency meetings and hearings.
a. True
b. False
64. Comment periods are not required for modifications of rules, only new rules.
a. True
b. False
65. Only consumers have rights of comment during the public comment period.
a. True
b. False
66. The Code of Federal Regulations is published every business working day.
a. True
b. False
67. The 30-day comment period can be waived for emergency rulemaking.
a. True
b. False
68. The withdrawal of rulemaking without substantial evidence can be challenged as arbitrary and capricious action on
the part of an agency.
a. True
b. False
69. Appeals of federal agency decisions to courts of appeal require a grant of certiorari.
a. True
b. False
70. All administrative agencies:
a. are at the federal level.
b. promulgate regulations.
c. are created by the U.S. President.
d. are under sunset laws.
