CAS Bar Administrative and Regulatory Law 5

Question 1

Under the federal APA, which of the following agencies is generally EXEMPT from APA rulemaking and adjudication requirements?

Accepted Answer

Military and foreign affairs functions of the President

Answer

APA §553(a)(1) and §554(a)(4) exempt matters involving military and foreign affairs from APA rulemaking and adjudication requirements.

Question 2

California's Fair Political Practices Commission (FPPC) is an example of which type of regulatory body?

Accepted Answer

An independent state agency with rulemaking and adjudicative authority

Answer

The FPPC is an independent California state agency that has the authority to promulgate regulations under the Political Reform Act and adjudicate enforcement actions.

Question 3

Under California's Bagley-Keene Open Meeting Act, state bodies must generally:

Accepted Answer

Post agendas at least 10 days before a meeting and take action only on noticed items

Answer

The Bagley-Keene Act requires that state body agendas be posted at least 10 days in advance and that action be taken only on matters appearing on the agenda.

Question 4

When an agency action is challenged as exceeding the agency's statutory authority, the reviewing court applies:

Accepted Answer

De novo statutory interpretation, now without mandatory deference to the agency after Loper Bright

Answer

After Loper Bright Enterprises v. Raimondo (2024), courts interpret statutory ambiguities de novo without giving mandatory Chevron deference to agency interpretations of their enabling statutes.

Question 5

A California agency issues a 'guidance document' that effectively mandates industry compliance without going through rulemaking. This guidance is most vulnerable to challenge as:

Accepted Answer

A regulation adopted without OAL review, void as an underground regulation

Answer

California courts will void guidance that meets the legal definition of a 'regulation' (binding and of general application) but was not adopted through the OAL notice-and-comment process.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Administrative and Regulatory Law 5