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Exam 17: Administrative Law

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Question 41

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Which of the following is not a major source of administrative law?

A) the Constitution
B) enabling statutes
C) the Administrative Procedures Act
D) public opinion

E) None of the above
F) B) and C)

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Question 42

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Citizen suits may be brought against an agency but may not be brought against a private party.

A) True
B) False

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Question 43

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Who hears an appeal of an administrative law judge's ruling?

Mikhail believes that his neighbor Stephanie has been dumping sewage on her property.After the Environmental Protection Agency conducts its investigation,Mikhail is permitted,under the Sunshine Act,to attend the meeting called to discuss the results of the investigation.

What must an agency do to conduct an inspection of a business without permission from the owners?

Congress has no power to remove an agency head.

What is the logical-outgrowth test?

The concept that in order to pass judicial muster,the evidence must show that the agency made its final decision based on a consideration of relevant factors without any clear errors of judgment is known as the

What step comes directly prior to public comment in the rulemaking process?

Some agencies monitor compliance with regulations by conducting _______ of a business.

Agencies can monitor compliance with their regulations through inspection of business facilities under their jurisdiction.

Administrative law hearings are presided over by _______ judges.

Courts are highly critical of agency decisions involving how and when an agency enforces a regulation.

What is the arbitrary and capricious standard,and how is it used by the courts?

The FTC publishes a rule regulating TVs and Blu-ray DVD players for public comment but revises it to include traditional DVD players also.Should the FTC republish the revision?

Once public debate and comment are concluded,an agency will publish the final rule and its effective date in the

Which of the following is not an administrative agency function?

The Sunshine Act requires that meetings for the purpose of consultation be open to the public.

How do citizen suits work in the context of administrative law?

The substantial evidence test is applied by the courts to determine whether the agency's actions were lawful with regard to investigations and licensing.