BUL 5810 FSU Midterm True False
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. - answer True
A statute may prohibit judicial review of an agency action. - answer True
Interpretative rules are exempt from the APA's procedural requirements of notice and
comment. - answer True
Enabling statutes may not impose more stringent procedural requirements for
promulgating
legislative rules than those found in the APA. - answer False
Notice of a proposed rule may be given by publication in the Federal Register. - answer
True
Interpretative rules of administrative agencies are automatically binding on the private
parties
the agency regulates. - answer False
In carrying out their enforcement function, agencies traditionally have been accorded
little discretion to compel the disclosure of information needed for an investigation. -
answerFalse
In general, procedural rules are exempt from the notice and comment requirements of
the APA. - answerTrue
After investigating a violation, an administrative agency must always use formal
procedures to
resolve the matter. - answerFalse
In 1995, Congress enacted the Administrative Dispute Resolution Act to require federal
agencies to use arbitration or mediation to resolve disputes. - answerFalse
Only documentary evidence may be admitted at an administrative hearing. -
answerFalse
Administrative hearings are always held before a jury. - answerFalse
Administrative law judges are appointed by the President and confirmed by the Senate
just as are judges in the U.S. District Court. - answerFalse
,Agencies must submit newly adopted rules to Congress, and a major rule does not
become final
until Congress has the opportunity to disapprove it. - answerTrue
When reviewing factual determinations of an administrative agency, the courts must
always use
the "arbitrary and capricious" test. - answerFalse
Informal rulemaking procedure does not require prior notice of a proposed rule. -
answerFalse
Administrative agencies create more legal rules and adjudicate more controversies than
all the
legislatures and courts combined. - answerTrue
Congress enacted the Administrative Procedure Act in 1946. - answerTrue
Hybrid rulemaking is more formal than procedures the agency uses in informal
rulemaking. - answerTrue
Parties seeking to challenge agency action must have standing and must have
exhausted their
administrative remedies. - answerTrue
All administrative agency decisions must include a statement of the appropriate rule,
order,
sanction, or relief. - answerTrue
The rules of evidence apply to an administrative hearing just as they do to a jury trial in
the U.S.
District Court. - answerFalse
If a decision of an ALJ is appealed, the governing body of the agency may decide the
case de novo. - answerTrue
The Freedom of Information Act and the Government in the Sunshine Act are different
names for the same legislation. - answerFalse
An agency can charge for providing records to a person requesting access to its files. -
answerTrue
Only records specifically exempted from disclosure by statute are exempt from FOIA. -
answerFalse
, Most legislative rules are issued in accordance with the informal rulemaking procedures
of the
Administrative Procedure Act (APA). - answerTrue
The Government in the Sunshine Act allows for closed meetings if they are about
agency participation in pending or anticipated litigation. - answerTrue
All agency decisions must include a statement of findings of fact and conclusions of law.
- answerTrue
In a criminal trial, the plaintiff must prove the case by a preponderance of the evidence.
- answerFalse
Corporations may be held liable for crimes. - answerTrue
Businesses suffer considerable loss as victims of criminal actions, but businesses
cannot be
perpetrators of criminal actions. - answerFalse
Torts are civil cases, not criminal cases. - answerTrue
RICO provides for criminal penalties, but contains no provision for civil penalties. -
answerFalse
Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten
percent
interest in his proposed subdivision development if she would use her influence to have
his proposal
approved by the commission. She refused to be a part of Stan's plan, so Stan cannot be
found guilty
of bribery. - answerFalse
A felony is a more serious type of crime than a misdemeanor. - answerTrue
Under the United States legal system, you are guilty until proven innocent. -
answerFalse
The Fifth Amendment would protect a defendant from having to give blood samples to
the
prosecution, since that could be a form of self-incrimination as interpreted by the courts.
- answerFalse
Robbery is a larceny accompanied by force. - answerTrue
The elements of embezzlement are included in larceny. - answerFalse
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. - answer True
A statute may prohibit judicial review of an agency action. - answer True
Interpretative rules are exempt from the APA's procedural requirements of notice and
comment. - answer True
Enabling statutes may not impose more stringent procedural requirements for
promulgating
legislative rules than those found in the APA. - answer False
Notice of a proposed rule may be given by publication in the Federal Register. - answer
True
Interpretative rules of administrative agencies are automatically binding on the private
parties
the agency regulates. - answer False
In carrying out their enforcement function, agencies traditionally have been accorded
little discretion to compel the disclosure of information needed for an investigation. -
answerFalse
In general, procedural rules are exempt from the notice and comment requirements of
the APA. - answerTrue
After investigating a violation, an administrative agency must always use formal
procedures to
resolve the matter. - answerFalse
In 1995, Congress enacted the Administrative Dispute Resolution Act to require federal
agencies to use arbitration or mediation to resolve disputes. - answerFalse
Only documentary evidence may be admitted at an administrative hearing. -
answerFalse
Administrative hearings are always held before a jury. - answerFalse
Administrative law judges are appointed by the President and confirmed by the Senate
just as are judges in the U.S. District Court. - answerFalse
,Agencies must submit newly adopted rules to Congress, and a major rule does not
become final
until Congress has the opportunity to disapprove it. - answerTrue
When reviewing factual determinations of an administrative agency, the courts must
always use
the "arbitrary and capricious" test. - answerFalse
Informal rulemaking procedure does not require prior notice of a proposed rule. -
answerFalse
Administrative agencies create more legal rules and adjudicate more controversies than
all the
legislatures and courts combined. - answerTrue
Congress enacted the Administrative Procedure Act in 1946. - answerTrue
Hybrid rulemaking is more formal than procedures the agency uses in informal
rulemaking. - answerTrue
Parties seeking to challenge agency action must have standing and must have
exhausted their
administrative remedies. - answerTrue
All administrative agency decisions must include a statement of the appropriate rule,
order,
sanction, or relief. - answerTrue
The rules of evidence apply to an administrative hearing just as they do to a jury trial in
the U.S.
District Court. - answerFalse
If a decision of an ALJ is appealed, the governing body of the agency may decide the
case de novo. - answerTrue
The Freedom of Information Act and the Government in the Sunshine Act are different
names for the same legislation. - answerFalse
An agency can charge for providing records to a person requesting access to its files. -
answerTrue
Only records specifically exempted from disclosure by statute are exempt from FOIA. -
answerFalse
, Most legislative rules are issued in accordance with the informal rulemaking procedures
of the
Administrative Procedure Act (APA). - answerTrue
The Government in the Sunshine Act allows for closed meetings if they are about
agency participation in pending or anticipated litigation. - answerTrue
All agency decisions must include a statement of findings of fact and conclusions of law.
- answerTrue
In a criminal trial, the plaintiff must prove the case by a preponderance of the evidence.
- answerFalse
Corporations may be held liable for crimes. - answerTrue
Businesses suffer considerable loss as victims of criminal actions, but businesses
cannot be
perpetrators of criminal actions. - answerFalse
Torts are civil cases, not criminal cases. - answerTrue
RICO provides for criminal penalties, but contains no provision for civil penalties. -
answerFalse
Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten
percent
interest in his proposed subdivision development if she would use her influence to have
his proposal
approved by the commission. She refused to be a part of Stan's plan, so Stan cannot be
found guilty
of bribery. - answerFalse
A felony is a more serious type of crime than a misdemeanor. - answerTrue
Under the United States legal system, you are guilty until proven innocent. -
answerFalse
The Fifth Amendment would protect a defendant from having to give blood samples to
the
prosecution, since that could be a form of self-incrimination as interpreted by the courts.
- answerFalse
Robbery is a larceny accompanied by force. - answerTrue
The elements of embezzlement are included in larceny. - answerFalse
