EVALUATION ACCURATE QUESTIONS
GRADED A PLUS
●● 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.
Answer: (D) Any one of these, depending on the particular situation.
●● 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.
Answer: (D) All of these are regulated by federal administrative
agencies.
,●● 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.
Answer: (C) requires agencies to collect information to the greatest
extent practicable directly from the
individual affected.
●● 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.
Answer: (A) Negotiated Rulemaking Act.
●● 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.
Answer: (C) informal rulemaking.
●● Sophia 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.
Answer: (A) She should fill out an application for federal employment
pursuant to the federal civil service merit selection rules.
●● 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
Answer: (A) FOIA
●● 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.
Answer: (D) All of these.
●● 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
Answer: (B) ten working days