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Question 1

An administrative agency is a governmental body charged with administering and implementing legislation.

Answer 1

True

Question 2

Administrative agencies may make the rules, police the community to see the rules are obeyed and sit in judgment to determine violations of their rules.

Answer 2

TRUE

Question 3

Because administrative agencies have broad powers, they are subject to strict procedural rules as well as disclosure requirements.

Answer 3

TRUE

Question 4

The modern administrative agency typically possesses legislative, executive, and judicial powers.

Answer 4

TRUE

Question 5

The Freedom of Information Act provides access to any information upon request.

Answer 5

FALSE

Question 6

The public has access to the activity of administrative agencies in three ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines.

Answer 6

TRUE

Question 7

The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

Answer 7

TRUE

Question 8

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

Answer 8

TRUE

Question 9

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

Answer 9

FALSE

Question 10

The Electronic Freedom of Information Act Amendments of 1996 extend the public availability of information to electronically stored data.

Answer 10

TRUE

Question 11

The authority of an agency is limited to the technology in existence at the time the agency was created.

Answer 11

FALSE

Question 12

Under the Sunshine Act of 1976, called the open meeting law, the federal government requires most meetings of major administrative agencies to be open to the public.

Answer 12

TRUE

Question 13

It is a conflict of interest for administrative agencies to allow members of the industry that is to be regulated, to participate in rule-making deliberations

Answer 13

FALSE

Question 14

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

Answer 14

TRUE

Question 15

Regulations properly adopted by agencies are important, but they do not have the full force of law, as do statutes.

Answer 15

FALSE

Question 16

The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.

Answer 16

FALSE

Question 17

An administrative agency has the power to investigate, to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law.

Answer 17

TRUE

Question 18

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

Answer 18

FALSE

Question 19

The Federal Register Act provides that printing an administrative regulation in the Code of Federal Regulations is public notice of the contents of the regulation to persons subject to it or affected by it

Answer 19

FALSE

Question 20

An administrative agency is barred from examining the records of a business enterprise by the constitutional guarantee against unreasonable searches and seizures.

Answer 20

FALSE

Question 21

Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited jurisdiction.

Answer 21

TRUE

Question 22

An administrative agency cannot hold a hearing without a jury.

Answer 22

FALSE

Question 23

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.

Answer 23

TRUE

Question 24

An agency hearing is generally not subject to the rules of evidence

Answer 24

TRUE

Question 25

A consent decree is an informal settlement of an enforcement action brought by an administrative agency.

Answer 25

TRUE

Question 26

Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted

Answer 26

TRUE

Question 27

A court will not reverse an agency’s decision merely because the court would have made a different decision based on the same facts.

Answer 27

TRUE

Question 28

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal

Answer 28

FALSE

Question 29

As Courts now tend to accept an agency’s reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.

Answer 29

TRUE

Question 30

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.

Answer 30

FALSE

Question 31

​To satisfy the requirements of due process, an agency handling a complaint must generally _______, although there is no right to _________.

Answer 31

give notice and hold a hearing, | trial by jury before an agency.

Question 32

​An administrative agency can be created to perform:

Answer 32

all three of the functions of government.

Question 33

Administrative hearings often have additional parties involved, called ______, who are _______ with an interest in the case are permitted to participate.

Answer 33

intervenors, industry organizations.

Question 34

Generally, which power(s) does (do) an administrative agency possess?

Answer 34

all powers necessary to effectively perform the duties entrusted to it

Question 35

The Freedom of Information Act:

Answer 35

is intended to subject agency action to public scrutiny.

Question 36

Meetings are to be open to the public under:

Answer 36

the Sunshine Act.

Question 37

An administrative regulation:

Answer 37

has the force of law.

Question 38

When it comes to administrative agencies, courts:

Answer 38

- regard agencies as able to perform their duties effectively. - do not substitute their own judgment in agency decisions. - accept rules that have been established by agencies using a rational basis.

Question 39

Before an agency can begin rulemaking proceedings it must be given jurisdiction:

Answer 39

by congressional enactment in the form of a statute.

Question 40

The “public comment” period for proposed administrative agency rules must be at least __________ days.

Answer 40

30

Question 41

Proposed administrative regulations must be:

Answer 41

Both printed in the Federal Register and published in the trade journals of trades that will be affected.

Question 42

Which of the following is part of an administrative agency’s power to investigate?

Answer 42

-an investigation to determine whether additional administrative rules need to be adopted - an investigation to ascertain facts with respect to a particular suspected or alleged violation - an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order

Question 43

Concerning administrative investigations:

Answer 43

papers and records generally may be subpoenaed by an agency.

Question 44

The United States constitution places the most significant limitations on administrative investigation in the area of:

Answer 44

search and seizure of the person.

Question 45

A subpoena to testify or to produce records:

Answer 45

cannot be opposed on the grounds that such a request constitutes an unreasonable search and seizure.

Question 46

The ____________ protection against self-incrimination cannot be invoked by a corporate officer when an agency has subpoenaed corporate records.

Answer 46

5 Amendement

Question 47

Under the _______ Amendment, agency officials have the right to conduct________ with a warrant, but a(n) ________ inspection is permitted when violations are dangerous to public health and safety.

Answer 47

Fourth, inspections, warrantless.

Question 48

Which of the following is beyond the enforcement power of an agency?

Answer 48

convicting of criminal violations

Question 49

A significant difference between an administrative agency hearing and a court hearing is that:

Answer 49

there is no right of trial by jury before an agency.

Question 50

A(n) __________ is a negotiated disposition of a matter before an administrative agency, generally without public sanctions.

Answer 50

informal settlement