Question 1

Every time the legislature enacts legislation, an existing administrative agency must oversee the new law or a new agency must be created to oversee it.

Accepted Answer

The question states that "Every time the legislature enacts legislation, an existing administrative agency must oversee the new law or a new agency must be created to oversee it." This means that every new law requires an administrative agency to oversee it, either an existing one or a new one. Therefore, the statement is true.

Question 2

The statutes that create an agency or give the agency explicit authority to implement a statute are called disabling statutes.

Accepted Answer

The statutes that create an agency or give the agency explicit authority to implement a statute are called enabling statutes, not disabling statutes. They enable the agency to act with legal authority.

Question 3

The constitutional authority of administrative agencies fits within the president's Article II power to implement, or carry out, legislation.

Accepted Answer

Administrative agencies have the authority to implement or carry out legislation, which is a function that fits within the President's Article II powers as outlined in the U.S. Constitution. These agencies are created by Congress to administer and enforce specific statutes, and their actions are part of the executive branch's responsibility to ensure that the laws be faithfully executed.

Question 4

Courts cannot review the scope of an agency's authority and may determine that the agency action violates the constitutional principle of separation of powers, or more specifically, the nondelegation doctrine.

Accepted Answer

Courts can review the scope of an agency's authority and may determine that the agency action violates the constitutional principle of separation of powers, or more specifically, the nondelegation doctrine, ensuring that agencies do not overstep their legally granted powers.

Question 5

Agency rules that have legal effect and impact the rights of parties are known as legislative rules.

Accepted Answer

Legislative rules are issued by government agencies and have the force of law, impacting the rights and obligations of parties subject to the agency's authority.

Question 6

Under the APA, many of an agency's rulemaking duties are carried out through formal rulemaking procedures that are permitted under the basic structure of the APA.

Accepted Answer

The APA (Administrative Procedure Act) primarily utilizes informal rulemaking procedures, known as "notice-and-comment" rulemaking, rather than formal rulemaking, which involves trial-like hearings and is less commonly used.

Question 7

All administrative agencies, including independent agencies, are limited in their authority by the three-part system of the federal government.

Accepted Answer

Administrative agencies, including independent agencies, are constrained by the separation of powers among the legislative, executive, and judicial branches of the federal government, which ensures checks and balances on their authority.

Question 8

The legislature cannot exert authority over administrative agencies through the power of the purse, advice and consent, and public hearings.

Accepted Answer

The legislature can exert authority over administrative agencies through mechanisms such as the power of the purse (controlling funding), advice and consent (approval of appointments), and public hearings (oversight and accountability).

Question 9

State agencies have broad executive, legislative, and adjudication discretion in matters of state administrative law.

Accepted Answer

State agencies often have the authority to create regulations (legislative discretion), enforce those regulations (executive discretion), and adjudicate disputes regarding their application (adjudicative discretion), within the framework of state administrative law.

Question 10

State administrative law often mirrors the federal system in terms of how regulations are developed, implemented, and enforced.

Accepted Answer

State administrative law frequently adopts a structure and process similar to the federal system, including rulemaking, enforcement, and adjudication procedures, to ensure consistency and manage the complexities of governance at the state level.

Question 11

Department, nondepartment, and independent agencies are collectively referred to as __________ agencies.&#10;A) three-member&#10;B) administrative&#10;C) seven-member&#10;D) collaborative

Accepted Answer

The answer of Department, nondepartment, and independent agencies are collectively...

Question 12

The __________ can exert authority through appointments, removal from office, and executive actions.&#10;A) executive&#10;B) legislative&#10;C) judicial&#10;D) None of the choices are correct.

Accepted Answer

The answer of The __________ can exert authority through appointments,...

Question 13

All administrative agencies, including independent agencies, are limited in their authority by the __________ -part system of the federal government&#10;A) two&#10;B) three&#10;C) five&#10;D) None of the choices are correct.

Accepted Answer

The answer of All administrative agencies, including independent agencies, are...

Question 14

State agencies have __________ executive, legislative, and adjudication discretion in matters of state administrative law.&#10;A) contracts with&#10;B) undue influence&#10;C) broad&#10;D) None of the choices are correct.

Accepted Answer

The answer of State agencies have __________ executive, legislative, and...

Question 15

State administrative law often __________ the federal system in terms of how regulations are developed, implemented, and enforced.&#10;A) strictly construes&#10;B) mirrors&#10;C) creates controversy in&#10;D) broadens

Accepted Answer

The answer of State administrative law often __________ the federal...

Deck 43: Administrative Law