CAS Bar Administrative and Regulatory Law 2

Question 1

Under the federal APA, which type of rulemaking requires the agency to hold a formal hearing on the record before issuing a rule?

Accepted Answer

Formal rulemaking triggered by statute

Answer

Formal rulemaking under the APA is required only when a statute mandates that rules be made 'on the record after opportunity for an agency hearing.'

Question 2

Under California's Administrative Procedure Act, an 'underground regulation' is best described as:

Accepted Answer

A rule adopted through informal guidance rather than the OAL rulemaking process

Answer

California treats as void any agency rule that meets the definition of 'regulation' but was not adopted through the Office of Administrative Law process.

Question 3

The non-delegation doctrine primarily limits Congress's ability to:

Accepted Answer

Delegate legislative power to agencies without an intelligible principle

Answer

Under the non-delegation doctrine, Congress may delegate rulemaking authority only if it provides an 'intelligible principle' to guide agency discretion.

Question 4

When a California state agency fails to respond to a petition for rulemaking, the proper remedy for an aggrieved party is to:

Accepted Answer

File a writ of mandate in superior court to compel the agency to initiate rulemaking

Answer

A petitioner may seek a writ of mandate under California Code of Civil Procedure §1085 to compel a ministerial duty when the agency unreasonably refuses to act on a rulemaking petition.

Question 5

An agency issues a rule interpreting a statute it administers. Under the Skidmore standard, a court gives the agency's interpretation weight based on:

Accepted Answer

The thoroughness, validity of reasoning, and consistency of the agency's position

Answer

Skidmore deference is based on the persuasive power of the agency's reasoning, including its thoroughness, consistency, and the validity of its logic.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Administrative and Regulatory Law 2