BUL 5810 Exam 1 Part 2
In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does:
a. encourage the federal agencies to use alternative dispute resolution.
b. authorize state agencies to use mediation and conciliation.
c. require the agencies to use alternative dispute resolution.
d. All of these are correct. – answer a. encourage the federal agencies to use
alternative dispute resolution.
Administrative agencies exercise powers that have been allocated by __________ to
the three separate branches of government.
a. the Constitution
b. the administrative process
c. Congress
d. treaties - answera. the Constitution
__________ are those issued by an agency having the ability, under a legislative
delegation of power, to make rules having the force and effect of law.
a. Procedural rules
b. Interpretive rules
c. Hybrid rules
d. Legislative rules - answerd. Legislative rules
As part of executive function to investigate conduct, administrative agencies may
compel the disclosure of information, except under which limitation?
a. when notice and comment period has not taken place.
b. when settlement is imminent.
c. the information sought is irrelevant.
d. when promulgating rules. - answerc. the information sought is irrelevant.
By virtue of their power to __________, U.S. Presidents have significant control over
the administrative agencies housed within the __________ branch.
a. controlling the entire budgetary power; executive.
b. appoint and remove the chief administrator of those agencies; executive.
c. examine particular rules or orders; judicial.
d. All of these are correct. - answerb. appoint and remove the chief administrator of
those agencies; executive.
,Federal legislation permits administrative agencies to deny access to nine categories of
records is the:
a. FOIA.
b. Privacy Act.
c. Government in the Sunshine Act.
d. APA. - answera. FOIA.
Much of federal, state, and local law in this country has been established by
administrative agencies, which people label as the __________ because they possess
tremendous power.
a. executive committees
b. fourth branch of government
c. the courts
d. legislatures, including Congress - answerb. fourth branch of government
Administrative law judges are appointed by the agency through a professional merit
selection system and may be removed only:
a. when they are promoted.
b. when they retire.
c. by the Supreme Court.
d. for good cause - answerd. for good cause
Once __________, administrative rules are applicable to all parties.
a. read before the House and the Senate
b. promulgated
c. approved by the Supreme Court
d. signed by the President of the United States - answerb. promulgated
The legislature may exercise control of administrative agencies in various ways. Which
is NOT a control maintained by the legislative branch?
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. It may reverse or change an agency rule or decision by specific legislation. -
answerb. Through the power to appoint and remove chief administrators.
Under the Government in the Sunshine Act, meetings of many federal agencies are
required to be:
a. transcribed by a court reporter.
, b. held in secret, undisclosed locations.
c. open to the public.
d. presided over by the President. - answerc. open to the public.
Congress has enacted a protection statute to prohibit the unauthorized disclosure of
federal agency records pertaining to an individual. This statute is:
a. Freedom of Information Act.
b. Government in the Sunshine Act.
c. Privacy Act.
d. Federal Trade Commission - answerc. Privacy Act.
The Food and Drug Administration (FDA) would like to adopt some new rules regarding
vitamins and supplements, 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 APA sets out specific rules and procedures that this action would violate.
b. The agency has no rulemaking authority, because only Congress can make
legislative rules.
c. The rules in this instance are procedural in nature and therefore are not required to
be published.
d. The agency has a right to act in this way and a duty to be efficient with taxpayer
money. - answera. The APA sets out specific rules and procedures that this action
would violate.
An agency may be required to conduct a legislative-type hearing (formal) that permits
no cross-examination (informal) in accordance with which of the following?
a. Negotiated rulemaking.
b. Hybrid rulemaking.
c. Informal rulemaking.
d. Formal rulemaking. - answerb. Hybrid rulemaking.
An administrative law judge for the Environmental Protection Agency decides a case
against a manufacturer. The company then appeals the decision to the commission
itself. Which of the following is correct regarding the appeal of the case from the
administrative law judge to the commission?
a. The commission will decide the case by having a jury trial.
b. The rules of evidence will be strictly applied by the commission in deciding the case.
c. There is no appeal from the decision of the ALJ.
d. The commission may decide the case de novo. - answerd. The commission may
decide the case de novo.
In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does:
a. encourage the federal agencies to use alternative dispute resolution.
b. authorize state agencies to use mediation and conciliation.
c. require the agencies to use alternative dispute resolution.
d. All of these are correct. – answer a. encourage the federal agencies to use
alternative dispute resolution.
Administrative agencies exercise powers that have been allocated by __________ to
the three separate branches of government.
a. the Constitution
b. the administrative process
c. Congress
d. treaties - answera. the Constitution
__________ are those issued by an agency having the ability, under a legislative
delegation of power, to make rules having the force and effect of law.
a. Procedural rules
b. Interpretive rules
c. Hybrid rules
d. Legislative rules - answerd. Legislative rules
As part of executive function to investigate conduct, administrative agencies may
compel the disclosure of information, except under which limitation?
a. when notice and comment period has not taken place.
b. when settlement is imminent.
c. the information sought is irrelevant.
d. when promulgating rules. - answerc. the information sought is irrelevant.
By virtue of their power to __________, U.S. Presidents have significant control over
the administrative agencies housed within the __________ branch.
a. controlling the entire budgetary power; executive.
b. appoint and remove the chief administrator of those agencies; executive.
c. examine particular rules or orders; judicial.
d. All of these are correct. - answerb. appoint and remove the chief administrator of
those agencies; executive.
,Federal legislation permits administrative agencies to deny access to nine categories of
records is the:
a. FOIA.
b. Privacy Act.
c. Government in the Sunshine Act.
d. APA. - answera. FOIA.
Much of federal, state, and local law in this country has been established by
administrative agencies, which people label as the __________ because they possess
tremendous power.
a. executive committees
b. fourth branch of government
c. the courts
d. legislatures, including Congress - answerb. fourth branch of government
Administrative law judges are appointed by the agency through a professional merit
selection system and may be removed only:
a. when they are promoted.
b. when they retire.
c. by the Supreme Court.
d. for good cause - answerd. for good cause
Once __________, administrative rules are applicable to all parties.
a. read before the House and the Senate
b. promulgated
c. approved by the Supreme Court
d. signed by the President of the United States - answerb. promulgated
The legislature may exercise control of administrative agencies in various ways. Which
is NOT a control maintained by the legislative branch?
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. It may reverse or change an agency rule or decision by specific legislation. -
answerb. Through the power to appoint and remove chief administrators.
Under the Government in the Sunshine Act, meetings of many federal agencies are
required to be:
a. transcribed by a court reporter.
, b. held in secret, undisclosed locations.
c. open to the public.
d. presided over by the President. - answerc. open to the public.
Congress has enacted a protection statute to prohibit the unauthorized disclosure of
federal agency records pertaining to an individual. This statute is:
a. Freedom of Information Act.
b. Government in the Sunshine Act.
c. Privacy Act.
d. Federal Trade Commission - answerc. Privacy Act.
The Food and Drug Administration (FDA) would like to adopt some new rules regarding
vitamins and supplements, 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 APA sets out specific rules and procedures that this action would violate.
b. The agency has no rulemaking authority, because only Congress can make
legislative rules.
c. The rules in this instance are procedural in nature and therefore are not required to
be published.
d. The agency has a right to act in this way and a duty to be efficient with taxpayer
money. - answera. The APA sets out specific rules and procedures that this action
would violate.
An agency may be required to conduct a legislative-type hearing (formal) that permits
no cross-examination (informal) in accordance with which of the following?
a. Negotiated rulemaking.
b. Hybrid rulemaking.
c. Informal rulemaking.
d. Formal rulemaking. - answerb. Hybrid rulemaking.
An administrative law judge for the Environmental Protection Agency decides a case
against a manufacturer. The company then appeals the decision to the commission
itself. Which of the following is correct regarding the appeal of the case from the
administrative law judge to the commission?
a. The commission will decide the case by having a jury trial.
b. The rules of evidence will be strictly applied by the commission in deciding the case.
c. There is no appeal from the decision of the ALJ.
d. The commission may decide the case de novo. - answerd. The commission may
decide the case de novo.
