Question 1

Which of the following laws establishes the standards and procedures federal administrative agencies must follow in their rulemaking and adjudicative functions?

Accepted Answer

The Administrative Procedure Act establishes the standards and procedures that federal administrative agencies must follow in their rulemaking and adjudicative functions. The Federal Procedure Act addresses civil procedure in federal courts. The Congressional Review Act provides Congress with a process to review and potentially disapprove of regulations issued by federal agencies. The Small Business Regulatory Enforcement Fairness Act requires federal agencies to analyze and minimize the impact of regulations on small businesses. However, it does not establish standards and procedures for agency rulemaking and adjudication.

Question 2

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to make rules that must be adhered to by individuals and businesses regulated by the agency?

Accepted Answer

Administrative agencies are granted legislative power by Congress to create rules and regulations that have the force of law, which individuals and businesses must follow.

Question 3

The Securities and Exchange Commission (SEC), using its congressional mandate under the 1933 and 1934 Securities Acts, has prescribed rules governing the issuance of, and trading in, securities by businesses as well as by brokers and underwriters. This is an example of the SEC's power.

Accepted Answer

The answer of The Securities and Exchange Commission (SEC), using...

Question 4

The Securities and Exchange Commission (SEC), using its mandate under the 1933 and 1934 Securities Acts, can both fine and criminally prosecute individuals involved in insider trading. This is an example the SEC's power.

Accepted Answer

The answer of The Securities and Exchange Commission (SEC), using...

Question 5

An enabling statute delegates judicial power to an administrative agency to investigate potential violations of rules or statutes.

Accepted Answer

An enabling statute typically delegates legislative or executive powers to an administrative agency, not judicial power. Administrative agencies may have quasi-judicial powers to adjudicate disputes, but they primarily investigate and enforce rules or statutes.

Question 6

The wide-ranging investigative powers of Securities and Exchange Commission (SEC) staff is an example of the SEC's power.

Accepted Answer

The SEC's investigative powers are an example of its executive power, as it is a regulatory agency with the authority to enforce securities laws and regulations. Judicial power involves interpreting laws and settling disputes, while legislative power involves creating laws and policies. Fiat power refers to the ability to issue decrees or orders without the need for legislative or judicial approval, which is not applicable in this situation.

Question 7

The U.S. Congress creates federal administrative agencies through statutes called regulatory legislation.

Accepted Answer

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Question 8

In general, an enabling statute delegates to an administrative agency congressional executive power for the purpose of serving the "public interest, convenience, and necessity."

Accepted Answer

The answer of In general, an enabling statute delegates to...

Question 9

Functions of administrative agencies include all but which of the following?

Accepted Answer

Administrative agencies are tasked with various responsibilities, including rulemaking, advising businesses and consumers, and issuing guidelines on legal activities. However, they are not typically involved in mediation of private disputes, which is usually handled by alternative dispute resolution methods such as arbitration or negotiation.

Question 10

In 1995, the U.S. Congress overwhelmingly passed a bill that required all administrative agencies (both executive and independent) to do a cost-benefit analysis of any proposed regulation that would cost the economy more than $ million.

Accepted Answer

The answer of In 1995, the U.S. Congress overwhelmingly passed...

Question 11

Statutes that allow the U.S. Congress to create federal administrative agencies are called .

Accepted Answer

Enabling legislation authorizes the creation of federal administrative agencies and outlines their powers and responsibilities. It is the foundation on which administrative law is built.

Question 12

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to investigate whether the rules enacted by the agency have been properly followed by businesses and individuals?

Accepted Answer

Executive power refers to the power of the executive branch of government to enforce laws and regulations. In this case, the executive branch is delegating its power to an administrative agency to investigate whether the rules enacted by the agency have been properly followed by businesses and individuals.

Question 13

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to adjudicate cases through an administrative proceeding?

Accepted Answer

The power delegated by Congress to an administrative agency to adjudicate cases through an administrative proceeding is known as judicial power. This power allows the agency to act as a quasi-judicial body, making decisions on disputes and enforcing regulations within its jurisdiction.

Question 14

Which of the following is true of administrative agencies?

Accepted Answer

The answer of Which of the following is true of...

Question 15

Explain the legislative, executive, and judicial powers delegated to administrative agencies through enabling legislation.

Accepted Answer

The answer of Explain the legislative, executive, and judicial powers...

Question 16

Since the Office of Management and Budget recommends annual budgets to the U.S. Congress for each administrative agency, it has influence over all rulemaking.

Accepted Answer

The Office of Management and Budget (OMB) has influence over all rulemaking because it recommends annual budgets to the U.S. Congress for each administrative agency, which can impact the resources available for rulemaking activities.

Question 17

Which of the following rulemaking models is most often used by administrative agencies because it is efficient in terms of time and cost?

Accepted Answer

Informal rulemaking is most commonly used by administrative agencies because it is less time-consuming and costly than formal rulemaking. In informal rulemaking, the agency can gather information, receive public comments, and issue a final rule without holding an evidentiary hearing. This allows the agency to move more quickly and efficiently in promulgating rules.

Question 18

An enabling statute delegates legislative power to an administrative agency to settle or adjudicate any disputes it may have with businesses or individuals.

Accepted Answer

The answer of An enabling statute delegates legislative power to...

Question 19

Explain the reasons for the rapid growth of administrative agencies in the United States.

Accepted Answer

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Question 20

Critics go so far as to claim that administrative agencies constitute a " branch of government" because of the powers delegated to them by enabling statutes.

Accepted Answer

Administrative agencies are often referred to as the "fourth branch of government" due to their significant regulatory powers and influence, which are separate from the traditional three branches of government (executive, legislative, and judicial).

Quiz 18: The Law of Administrative Agencies