Administrative Agencies: Powers, Functions, and Relationship to the Executive Branch

Question 1

Which of the following is NOT a distinguishing characteristic of an independent agency?

Accepted Answer

Subject to significant oversight and control by the executive branch

Answer

Appointed by the President with the advice and consent of the Senate

Answer

Typically exercises rulemaking and adjudication functions

Answer

Funded primarily through appropriations from Congress

Question 2

What is the primary responsibility of an executive agency?

Accepted Answer

To execute and enforce laws and regulations

Answer

To advise the President on policy matters

Answer

To resolve disputes between private parties

Answer

To regulate specific sectors of the economy

Question 3

What is the central significance of the Administrative Procedure Act (APA)?

Accepted Answer

It established standardized procedures for agency rulemaking and adjudication

Answer

It created an independent Office of Administrative Law Judges

Answer

It granted agencies broad discretion in exercising their authorities

Answer

It severely limited the scope of judicial review of agency actions

Question 4

Under the doctrine of stare decisis, how are administrative agencies expected to treat their own prior decisions?

Accepted Answer

They are bound by their own prior decisions

Answer

They are bound by precedents established by higher courts

Answer

They are free to overrule their own prior decisions

Answer

They are required to give deference to court rulings

Question 5

Under the Chevron doctrine, when can a court defer to an agency's interpretation of a statute?

Accepted Answer

The statute is ambiguous and the agency's interpretation is reasonable.

Answer

The statute is clear and unambiguous.

Answer

The agency has exclusive expertise in the relevant field.

Answer

The agency's interpretation is supported by industry consensus.

Question 6

Which legal limitations can restrict an agency's ability to create rules?

Accepted Answer

Statutory authority, legislative veto, and judicial review

Answer

Presidential approval, public notice, and comment period

Answer

Agency expertise, political considerations, and resource constraints

Answer

Executive orders, common law, and international treaties

Question 7

What is the primary source of authority for administrative agencies in the United States legal system?

Accepted Answer

Congressional statutes

Answer

The Constitution

Answer

Presidential delegation

Answer

Common law

Question 8

What is the primary function of the Office of Management and Budget (OMB) in the administrative process?

Accepted Answer

Reviews and approves proposed federal regulations

Answer

Issues executive orders

Answer

Conducts administrative hearings

Answer

Appoints agency heads

Question 9

What is the overarching purpose of the Administrative Procedure Act (APA)?

Accepted Answer

To establish uniform procedures and standards for administrative agencies

Answer

To create new administrative agencies

Answer

To repeal existing regulatory statutes

Answer

To grant agencies broad discretion without oversight

Question 10

What is the significance of the Chevron deference doctrine?

Accepted Answer

It requires courts to defer to reasonable agency interpretations of ambiguous statutes.

Answer

It prohibits courts from reviewing agency actions altogether.

Answer

It gives agencies the authority to create new laws without legislative approval.

Answer

It eliminates the need for judicial review of administrative actions.

Question 11

Which of the following is NOT a key characteristic of administrative agencies?

Accepted Answer

Are subject to the same checks and balances as the other branches of government

Answer

Exercise quasi-legislative powers

Answer

Are established by Congress or other governmental entities

Answer

Have the authority to adjudicate disputes

Question 12

What is the primary purpose of the Administrative Procedure Act (APA)?

Accepted Answer

To establish uniform procedures for agency rulemaking and adjudication, ensuring transparency and accountability

Answer

To grant agencies broad discretion in their decision-making processes, limiting judicial review

Answer

To hold agencies solely accountable to the executive branch, reducing public oversight

Answer

To restrict the authority of administrative agencies, diminishing their role in government

Question 13

What is the fundamental distinction between rulemaking and adjudication in administrative law?

Accepted Answer

Rulemaking involves the creation of general rules applicable to future cases, while adjudication applies existing rules to specific disputes

Answer

Adjudication involves the creation of general rules applicable to future cases, while rulemaking applies existing rules to specific disputes

Answer

Rulemaking and adjudication are essentially the same process, with no meaningful distinction

Answer

Adjudication is a subset of rulemaking, with narrower scope and application

Question 14

What is the primary role of judicial review in the context of administrative law?

Accepted Answer

To ensure that administrative agencies act within the scope of their authority and follow proper procedures

Answer

To give agencies complete discretion in their decision-making processes, shielding them from judicial oversight

Answer

To allow agencies to overturn court decisions, giving them ultimate authority in legal matters

Answer

To prevent agencies from making any decisions, effectively paralyzing administrative functions

Question 15

What is the primary responsibility of the Office of Management and Budget (OMB) in administrative law?

Accepted Answer

To review and approve agency rules, ensuring consistency with government-wide policies

Answer

To investigate allegations of agency misconduct and recommend appropriate disciplinary actions

Answer

To appoint the heads of all federal administrative agencies

Answer

To create new administrative agencies as needed to address emerging issues

Question 16

Which of these is NOT a primary method used by administrative agencies to enforce their decisions?

Accepted Answer

Negotiation and mediation

Answer

Cease-and-desist orders

Answer

Civil penalties

Answer

Mandatory injunctions

Question 17

How do interest groups primarily influence administrative agency decision-making?

Accepted Answer

Lobbying, campaign contributions, and expert testimony

Answer

Judicial review only

Question 18

Which measure does NOT directly address ethical concerns faced by administrative agencies?

Accepted Answer

Limited judicial review

Answer

Disclosure requirements

Answer

Conflict of interest rules

Answer

Ex parte communication bans

Question 19

Independent agencies are characterized by all of the following EXCEPT:

Accepted Answer

They are subject to significant oversight by the executive branch.

Answer

They are headed by a single administrator.

Answer

They have the power to make rules and adjudicate disputes.

Question 20

Which of the following is NOT a characteristic of administrative agencies?

Accepted Answer

They are always created by constitutional provision.

Answer

They are often headed by a board or commission.

Answer

They cannot be subject to judicial review.

Answer

They exercise quasi-legislative powers.

Question 21

What is the primary statutory function of an administrative agency?

Accepted Answer

To implement and enforce laws.

Answer

To adjudicate legal disputes.

Answer

To interpret the United States Constitution.

Answer

To make laws.

Question 22

What is the overarching purpose of the Administrative Procedure Act (APA)?

Accepted Answer

To establish uniform procedures and standards for administrative agencies.

Answer

To create new administrative agencies.

Answer

To reduce the powers of administrative agencies.

Question 23

Which criticism is commonly raised regarding administrative agencies?

Accepted Answer

They have the potential to become overly powerful.

Answer

They are always responsive to public concerns.

Answer

They consistently operate efficiently and effectively.

Question 24

What is the key distinction between a rule and an order issued by an administrative agency?

Accepted Answer

A rule applies generally to a class of persons or situations, while an order applies to a specific individual or entity.

Answer

A rule is immune from judicial review, while an order is not.

Answer

A rule is always forward-looking, while an order can be retroactive.

Question 25

What is the primary responsibility of the Office of Management and Budget (OMB) in relation to administrative agencies?

Accepted Answer

To review and approve proposed regulations issued by agencies.

Answer

To provide funding for administrative agency operations.

Answer

To appoint the heads of administrative agencies.

Answer

To conduct investigations into agency misconduct.

Question 26

What is the primary purpose of the Administrative Procedure Act (APA)?

Accepted Answer

To establish uniform procedures for agency rulemaking and adjudication.

Answer

To reduce judicial review of agency actions.

Answer

To grant agencies broad discretion in their operations.

Question 27

Which of the following powers is typically NOT granted to administrative agencies?

Accepted Answer

The power to declare war.

Answer

The power to adjudicate disputes.

Answer

The power to make rules.

Answer

The power to investigate and enforce laws.

Question 28

Which of the following factors is considered in determining whether an agency action is ripe for judicial review?

Accepted Answer

Whether the agency has taken final action regarding the matter.

Answer

Whether the agency has complied with the APA.

Answer

Whether the plaintiff has suffered injury.

Answer

Whether the issue is purely legal in nature.

Question 29

What is judicial deference based on when it comes to agency interpretations of law?

Accepted Answer

It is based on the need to avoid substituting the court's judgment for the agency's expertise.

Answer

It is based on the protection of the separation of powers.

Answer

It is based on the desire for uniformity in the application of the law.

Question 30

Which of the following is NOT a type of enforcement action an agency may take?

Accepted Answer

Imprisonment.

Answer

License revocation.

Answer

Civil penalties.

Answer

Cease-and-desist orders.

Question 31

What is the main distinction between a formal and informal agency adjudication?

Accepted Answer

Formal adjudications require a hearing with the application of evidentiary rules, while informal adjudications do not.

Answer

Formal adjudications are only available to federal agencies, while informal adjudications are available to state and local agencies.

Question 32

What is the purpose of a sunset provision in an agency enabling statute?

Accepted Answer

It requires the agency to regularly justify its continued existence to Congress.

Answer

It ensures that the agency is responsive to the needs of the public.

Answer

It prevents the agency from exceeding its statutory authority.

Question 33

What is the primary source of authority for an administrative agency?

Accepted Answer

Statute

Answer

Constitution

Answer

Executive order

Answer

Common law

Question 34

Which of the following is an example of an independent agency?

Accepted Answer

Federal Trade Commission

Answer

Social Security Administration

Answer

Department of Justice

Question 35

What is the main purpose of the Administrative Procedure Act (APA)?

Accepted Answer

To establish uniform procedures for administrative agencies

Answer

To abolish existing administrative agencies

Answer

To create new administrative agencies

Question 36

What is the key distinction between an interpretive rule and a legislative rule?

Accepted Answer

An interpretive rule is issued without notice and comment, while a legislative rule is issued after notice and comment.

Answer

An interpretive rule is binding on agencies, while a legislative rule is not.

Question 37

Which power do administrative agencies typically have?

Accepted Answer

Rulemaking

Answer

Veto power

Answer

Impeachment power

Answer

Power of judicial review

Question 38

What is the purpose of giving Chevron deference to administrative agencies?

Accepted Answer

To give deference to the reasonable interpretations of administrative agencies

Answer

To give deference to the interpretations of courts

Answer

To give deference to the interpretations of Congress

Question 39

What is the main role of the Office of Management and Budget (OMB) in relation to administrative agencies?

Accepted Answer

To review and approve agency regulations

Answer

To set the budget for agencies

Answer

To investigate allegations of agency misconduct

Answer

To appoint the heads of agencies

Question 40

Which of the following is NOT a defining characteristic of an administrative agency?

Accepted Answer

Elected by the public

Answer

Exercises delegated authority

Answer

Established by statute

Answer

Authorized to make rules

Question 41

What is the primary role of administrative agencies?

Accepted Answer

To implement and enforce laws

Answer

To create new laws

Answer

To adjudicate disputes

Answer

To interpret existing laws

Question 42

Identify a limitation on the powers of administrative agencies.

Accepted Answer

They cannot impose criminal sanctions.

Answer

Their regulatory authority is confined to interstate activities.

Answer

They must hold a hearing before issuing binding orders.

Answer

They are exempt from judicial review.

Question 43

What is the purpose of the Administrative Procedure Act (APA)?

Accepted Answer

To establish procedural protections for individuals interacting with administrative agencies.

Answer

To abolish existing administrative agencies

Answer

To establish new administrative agencies

Question 44

What is the standard of review applied by courts when reviewing agency actions?

Accepted Answer

Arbitrary and capricious

Answer

Beyond a reasonable doubt

Answer

Clear and convincing evidence

Answer

De novo

Question 45

What is an advantage of utilizing administrative agencies?

Accepted Answer

They possess specialized knowledge in specific domains.

Answer

They are more democratic than courts

Answer

They are more efficient than courts

Answer

They are less expensive than courts

Question 46

What is the primary function of the Office of Information and Regulatory Affairs (OIRA)?

Accepted Answer

To evaluate and approve substantial regulatory actions taken by executive agencies.

Answer

To provide legal counsel to administrative agencies

Answer

To investigate complaints against administrative agencies

Question 47

Which of the following is NOT a characteristic of administrative agencies?

Accepted Answer

They operate completely independently of the executive branch.

Answer

They possess the ability to adjudicate disputes.

Answer

They hold the power to establish rules and regulations.

Question 48

What serves as the primary legal foundation for administrative agencies?

Accepted Answer

Statutory law

Answer

Common law

Answer

Case law

Answer

Executive orders

Question 49

Identify a potential remedy for an unlawful agency action.

Accepted Answer

Injunction

Answer

Recall election

Answer

Impeachment

Answer

Administrative fine

Question 50

Which of the following is a distinguishing characteristic of independent agencies?

Accepted Answer

The agency's head is NOT directly appointed by the President and is not subject to Senate confirmation.

Answer

The agency is primarily funded through appropriations by Congress.

Answer

The agency possesses significant regulatory authority.

Question 51

The Administrative Procedure Act (APA) establishes the framework for how agencies must conduct:

Accepted Answer

Rulemaking and adjudication proceedings.

Answer

Internal operational matters.

Answer

Strategic planning initiatives.

Answer

Contract negotiations with private entities.

Question 52

According to the Chevron deference doctrine, courts will generally defer to an agency's interpretation of a statute if:

Accepted Answer

The statute is ambiguous, and the agency's interpretation is reasonable.

Answer

The agency's interpretation is aligned with prior judicial precedent.

Answer

The agency has exclusive expertise in the subject matter of the statute.

Question 53

Which of the following is NOT among the common powers delegated to administrative agencies?

Accepted Answer

The power to establish new federal courts.

Answer

The power to conduct investigations and gather evidence.

Answer

The power to promulgate binding regulations.

Answer

The power to resolve disputes within their subject matter jurisdiction.

Question 54

The primary goal of the Freedom of Information Act (FOIA) is to:

Accepted Answer

Enhance transparency and provide public access to government documents.

Answer

Classify and protect sensitive national security information.

Answer

Restrict the amount of personal information that agencies can collect and store.

Question 55

In a rulemaking process, an agency is typically required to publish a notice of proposed rulemaking (NPRM) in the:

Accepted Answer

Federal Register.

Answer

Code of Federal Regulations.

Answer

Congressional Record.

Answer

United States Code.

Question 56

The Administrative Procedure Act (APA) establishes procedures for:

Accepted Answer

Both formal and informal rulemaking processes.

Answer

The appointment and removal of agency heads.

Answer

Internal personnel management practices of agencies.

Answer

The allocation of funding to different agencies.

Question 57

Which of the following is an example of an independent agency?

Accepted Answer

Federal Trade Commission.

Answer

Environmental Protection Agency.

Answer

Department of Homeland Security.

Answer

National Labor Relations Board.

Question 58

In reviewing an agency's decision, a court will generally scrutinize whether the agency's actions were:

Accepted Answer

Arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.

Answer

Beneficial to the overall public interest.

Answer

Fair and equitable to all parties involved.

Question 59

The Administrative Procedure Act (APA) provides for public participation in rulemaking through:

Accepted Answer

Formal notice and comment procedures.

Answer

Public referendums and plebiscites.

Answer

Judicial appeals of proposed rules.

Answer

Direct lobbying of agency officials.