Question 1

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Accepted Answer

A)   The Congressional Review
B)   The Congressional Record
C)   The Agency Periodical
D)   The Comment and Review Forum
E)   The Federal RegisterF) A) and D)
G) B) and D)

Question 2

Which of the following was the first federal administrative agency created?

Accepted Answer

A)   The Interstate Commerce Commission
B)   The Securities and Exchange Commission
C)   The Internal Revenue Service
D)   The Social Security Administration
E)   The Food and Drug AdministrationF) D) and E)
G) A) and C)

Question 3

Which of the following are rules of an agency that are policy expressions that have the effect of law?

Accepted Answer

A)   Procedural
B)   Interpretive
C)   Legislative
D)   Adjudicative
E)   None of theseF) A) and C)
G) B) and E)

Question 4

Federal administrative agencies are created by Congress through passage of ______ legislation, which is a statute that specifies the name, functions, and specific powers of the administrative agency.

Accepted Answer

A)   Administrative
B)   Enabling
C)   Statutory
D)   Agency
E)   InterstateF) A) and B)
G) A) and C)

Question 5

"DUI Charge." Monique was licensed by her state to train massage therapists. The state licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Monique's state is identical to the federal system.
-Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?

Accepted Answer

A)   The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B)   Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C)   Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D)   Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E)   Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.F) C) and E)
G) D) and E)

Question 6

"Four Paws Protection." Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
-Which of the following is true regarding the claim of ABC Co. that the agency had no power to compel attendance and the production of documents?

Accepted Answer

A)   ABC Co. is correct because while the agency had the right to request voluntary compliance and refer ABC Co. to law enforcement if ABC Co. would not voluntarily comply, the agency had no power to require compliance.
B)   ABC Co. is correct in that the agency could not require the production of documents, but incorrect regarding the power of the agency to require attendance at a hearing.
C)   ABC Co. is correct in that the agency could not require attendance at a hearing, but incorrect regarding the power of the agency to require the provision of documents.
D)   ABC Co. is incorrect and the agency had the power to issue a document called a subpoena requiring attendance at a hearing and a document called a subpoena duces tecum requiring that ABC Co. bring specified documents to the hearing.
E)   ABC Co. is incorrect and the agency had the power to issue a document called a certified order requiring attendance at a hearing and a document called a summons requiring that ABC Co. bring specified documents to the hearing.F) A) and E)
G) A) and C)

Question 7

Which of the following is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings?

Accepted Answer

A)   Rule-making proceedings with regard to military or foreign affairs.
B)   Rule making with regard to agency management or personnel.
C)   Rule-making proceedings with regard to complaints about the agency.
D)   Rule making with regard to agency property.
E)   Rule making with regard to agency contracts.F) C) and D)
G) A) and D)

Exam 44: Administrative Law

Which of the following was the first federal administrative agency created?

Correct Answer
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Which of the following is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings?

Correct Answer
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Federal administrative agencies are created by Congress through passage of ______ legislation, which is a statute that specifies the name, functions, and specific powers of the administrative agency.

Correct Answer
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Correct Answer
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Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Correct Answer
verified

Which of the following are rules of an agency that are policy expressions that have the effect of law?

Correct Answer
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Correct Answer
verified

Exam 44: Administrative Law

Which of the following was the first federal administrative agency created?

Correct AnswerverifiedShow Answer

Which of the following is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings?

Correct AnswerverifiedShow Answer

Federal administrative agencies are created by Congress through passage of ______ legislation, which is a statute that specifies the name, functions, and specific powers of the administrative agency.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Correct AnswerverifiedShow Answer

Which of the following are rules of an agency that are policy expressions that have the effect of law?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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