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In exercising judicial review,when reviewing factual determinations,the court uses one of three different standards: arbitrary and capricious,substantial evidence,or unwarranted by the facts.

A) True
B) False

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Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:


A) FOIA.
B) Privacy Act.
C) Government in the Sunshine Act.
D) APA.

E) A) and D)
F) A) and C)

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What term refers to the entire set of activities in which an administrative agency engages?


A) Rulemaking.
B) The administrative process.
C) Promulgating.
D) Enforcement.

E) None of the above
F) All of the above

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Those interpretative rules of administrative agencies that are exempt from the

A) True
B) False

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Much of federal,state,and local law in this country has been established by __________,which people label as the "fourth branch of government" because they possess tremendous power.


A) executive committees
B) administrative agencies
C) the courts
D) legislatures, including Congress

E) A) and B)
F) A) and C)

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(a) What is the purpose of the Freedom of Information Act? (b) To what categories of records does the FOIA allow denial of access?

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(a)The purpose of the Freedom of Informa...

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Administrative agencies sometimes act as if they are judicial bodies.

A) True
B) False

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Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

A) True
B) False

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The president has significant control over administrative agencies housed within the executive branch by virtue of the power to:


A) remove commissioners for causes set forth by statute.
B) appoint and remove the chief administrator of those agencies.
C) impound moneys appropriated to the agency by Congress.
D) All of the above.

E) All of the above
F) A) and B)

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Federal agencies may not charge for providing records to a person requesting access to the agency's files.

A) True
B) False

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Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

A) True
B) False

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The Lujan v.Defenders of Wildlife case involved:


A) the doctrine of standing.
B) the issue of whether an agency action violated the Administrative Procedure Act.
C) interpretation of an administrative regulation.
D) enforcement action on the part of an agency and whether the demand for information was sufficiently specific and not unreasonably burdensome.

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

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The technical common law rules governing admissibility of evidence are used by most administrative agencies during hearings.

A) True
B) False

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Administrative agencies operate only at the federal level.

A) True
B) False

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Congress enacted the Administrative Procedure Act in 1946.

A) True
B) False

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Congress appoints and removes the chief administrators of federal executive administrative agencies.

A) True
B) False

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A minor agency rule:


A) if disapproved by Congress, must be resubmitted to both houses of Congress.
B) if disapproved by Congress, must be revised according to Congressional guidelines.
C) if disapproved by Congress, has no chance of approval by the President.
D) takes effect but, if after being submitted to Congress it is disapproved, it is treated as though it had never taken effect.

E) A) and D)
F) A) and C)

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The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

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Administrative rules can be legislative,...

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A federal agency that wishes to adopt administrative rules must do so in compliance with the:


A) Administrative Procedures Act.
B) U.S. Constitution.
C) agency's enabling statute.
D) Rules must be adopted in compliance with all of the above.

E) B) and C)
F) A) and B)

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A statute may preclude judicial review of an agency action.

A) True
B) False

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