Declaratory orders are subject to judicial review.
a. True
b. False
The FOIA does not require that agencies deliver documents to requesters but only that
the documents be made available.
a. True
b. False
If the court disagrees with a substantive agency rule, the court may substitute its
own judgment to remedy the situation.
a. True
b. False
Agencies employing informal rulemaking rely primarily on:
a. oral testimony by interested parties
b. written testimony by interested parties
c. research conducted by the agency itself with no other input
d. research conducted by the Congress with no other input
In a qui tam action, the citizen who files the lawsuit is called a(n):
a. applicant
b. claimant
c. informer
d. representative
Describe the three modalities of providing public access to information under
the Freedom of Information Act (FOIA).
The reduction of fraud and waste are not stated goals of the Paperwork Reduction Act.
a. True
b. False
In general, an agency may require the disclosure of information, or that records be kept,
if the following criteria are met except:
a. the agency has jurisdiction over the subject matter and individual concerned
b. the requirement is reasonable and not overly burdensome
c. the organization or individual possesses trade secrets or patent information
d. the information is not privileged
Which of the following is not a required, integral part of due process notice?
a. Date, time, and location of the hearing
b. Basic facts and charges that the hearing will address
c. The name and position of the specific person in charge of the hearing
d. All of the above are required, integral parts of due process notice.
e. None of the above is a required, integral part of due process notice.
Jon is an inspector for OSHA. He is in a car dealership that consists of a
showroom, open cubicle-style offices, and a service area. The service area does not
allow customers to enter but does feature a glass wall that allows customers to observe
their cars being serviced. Jon observes spilled oil without clean-up provisions, a lack of
adequate air cleaners and exhaust fans, and other safety violations.
a. Jon must provide notice of his visit before he may legally visit.
b. Jon may observe and report administrative violations occurring in the service
area because the dealership has evidenced no expectation of privacy in that area.
c. Because customers are prohibited from entering the service area, the dealership
has established an expectation of privacy and Jon must have a warrant to report the
violations.
d. Jon must limit his inspections to the offices and showroom because they are the
only “public” areas.
Conducting a blood, urine, or breath test is considered a search under which amendment
to the U.S. Constitution?
a. First
b. Second
c. Fourth
d. Fifth
The Office of Management and Budget looks at 10 separate elements before it
may establish a new reporting requirement.
a. True
b. False
Which of the following is not a method that may be available to an agency charged with
protection of the public?
a. A mandatory recall of a defective product
b. Imposing mandatory and binding arbitration regarding the agency’s dispute with a
manufacturer producing a defective product without prior agreement
c. Issuance of a cease and desist order stopping production of a defective product
d. All of the above can be valid exercises of an agency’s right to protect the public.
Article III of the Constitution limits jurisdiction in federal courts to:
a. theoretical disputes
b. hypothetical disputes
c. actual disputes
d. any of the above
Which of the following is not a limitation on agency discretion?
a. The law
b. Enforcement of criminal sanctions against the agency head
c. Public accountability
d. All of the above are limitations on agency discretion.
Interpretation of the Fifteenth Amendment was the primary issue in:
a. Goss v. Lopez
b. Perry v. Sindermann
c. Goldberg v. Kelly
d. Rice v. Cayetano
Match the key term in Column 1 with its description in Column 2.
In administrative law, a subpoena is also called a(n):
a. writ
b. order
c. summons
d. directive
The President of the United States vetoes a law passed by Congress. Congress can
override the presidential veto by a ____ majority vote.
a. simple
b. 2/3
c. 3/4
d. 4/5
Agency decisions not to act are rarely successfully challenged.
a. True
b. False
Under the Commerce Clause, the federal government may compel a state to enact or
administer a federal regulatory program.
a. True
b. False
Requiring that records be held by an individual or business subject to review by
the agency is called reporting.
a. True
b. False
The Federal Tort Claims Act creates federal immunity for torts committed
by governmental officials of the United States.
a. True
b. False
Attorney fees may be awarded to successful litigants under the:
a. FOIA
b. Privacy Act
c. FOIA and Privacy Act
d. none of the above; attorney fees are not recoverable in information and privacy cases
Which of the following is not a factor for the growth of administrative agencies?
a. Increased mobility
b. Increased interdependence of people
c. Expectation that government will provide more services and benefits
d. Fiscal conservative policies
_____________ shields a witness from prosecution of all offenses related to his or her
testimony even if the government possesses independent evidence of the witness’s guilt.
a. Transactional immunity
b. Derivative use immunity
c. Use immunity
d. Sovereign immunity
Agency adjudication requires adherence to due process requirements.
a. True
b. False
What is the administrative equivalent of a judicial declaratory judgment?
a. Declaratory order
b. Private letter ruling
c. Executive order
d. Advisory opinion
Joseph is a physician. His state’s licensing agency has received a large number of
complaints about him, and recently two of his patients have mysteriously died while
under his care. The licensing agency revokes his license to practice medicine in a
summary proceeding without a hearing.
a. Summary protective actions are always per se violative of equal protection.
b. Summary protective actions are always per se violative of due process.
c. Summary protective actions are not per se violative of equal protection if an
immediate post-action hearing is conducted.
d. Summary protective actions are not per se violative of due process if an immediate
post-action hearing is conducted.
Matters related to foreign affairs are generally considered to be areas committed to
the agency’s discretion.
a. True
b. False
Match the type of administrative agency listed in Column 1 to its description in Column
2.
