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Exam 4: Administrative Law

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Question 41

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A binding decision issued by an administrative law judge (ALJ) is known as a(n) ________.

A) verdict
B) consent decree
C) writ of certiorari
D) order
E) administrative decree

F) A) and E)
G) A) and B)

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Question 42

Multiple Choice

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Which of the following is involved when an agency is referred to as a "captured" agency?

A) A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.
B) A belief that agency officials are unduly influenced by their political party.
C) A belief that agency officials are unduly influenced by politicians in the state in which the agency is located.
D) A belief that agency officials are unduly influenced by politicians in states most affected by the regulations established by the agency.
E) A belief that agency officials are unduly influenced by the desires of the United States Congress.

F) A) and E)
G) None of the above

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Question 43

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A(n) ________ is an order to appear and bring specified documents.

There is a right of appeal from a decision of an administrative law judge.

Which of the following are activities in which agencies may be involved?

When may an agency claim an exemption from rule making requirements on the basis that public notice and comment procedures are "impracticable,unnecessary,or contrary to the public interest," and what steps must be taken to exercise the exemption?

Administrative agencies are located at the state level only.

Which of the following was the court ruling in Yan Ju Wang v.George Valverde,the case referenced in the textbook in which the plaintiff sued for a mandate compelling the Department of Motor Vehicles to set aside its revocation of the plaintiff's noncommercial driver's license based on her allegedly cheating on a commercial driver's license examination?

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following is the appropriate agency classification for the Accounting Commission?

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

What do the initials "ALJ" represent in the context of administrative agencies and administrative law?

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.What would be the next step in obtaining enactment of the rules after publication?

The Small Business Administration (SBA)is an example of an executive agency.

An administrative law judge's decision may not be directly appealed to a court.

The two classifications of agencies are:

Administrative law consists of both substantive and procedural rules.

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the 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." 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 of the nature of the Aesthetic and Massage Commission and that in any event,action by an agency is always upheld.Which of the following would have reached the decision at her hearing before the administrative agency?

________ has control over the budgets of all agencies.

The primary type of rule making used by administrative agencies is informal rule making.

The issuance of a(n) ________ is an example of an administrative agency's investigative powers.