MPA Administrative Law and Regulatory Policy 3

Question 1

Which doctrine holds that courts should not review agency action that is 'committed to agency discretion by law' under APA § 701(a)(2)?

Accepted Answer

Preclusion of judicial review for discretionary actions

Answer

APA § 701(a)(2) creates an exception to judicial review when a statute leaves no meaningful standard against which a court can measure the agency's exercise of discretion, making the action unreviewable.

Question 2

The primary jurisdiction doctrine in administrative law holds that courts should:

Accepted Answer

Defer to agency expertise on technical questions before allowing a case to proceed in court

Answer

Primary jurisdiction directs courts to stay proceedings and refer issues within an agency's specialized expertise to that agency first, ensuring uniform regulatory policy and utilizing agency technical knowledge.

Question 3

Under the Due Process Clause, before the government deprives an individual of a protected property or liberty interest, it generally must provide:

Accepted Answer

Notice and an opportunity to be heard at a meaningful time and in a meaningful manner

Answer

Mathews v. Eldridge (1976) established a balancing test for procedural due process, weighing the private interest, risk of erroneous deprivation, and government interest—but the core requirement is always notice and a hearing.

Question 4

What is the 'hard look' doctrine in judicial review of agency rulemaking?

Accepted Answer

Courts conduct a searching inquiry into the agency's reasoning and evidence to ensure it is not arbitrary

Answer

The hard look doctrine, developed in the D.C. Circuit, requires courts to take a probing look at the agency's record and reasoning to ensure it considered all relevant factors and did not make a clear error of judgment, while still giving the agency deference on policy choices.

Question 5

An independent regulatory commission differs from an executive agency primarily because:

Accepted Answer

Its commissioners serve fixed terms and can only be removed for cause, insulating it from direct presidential control

Answer

Independent agencies like the FCC, SEC, and NLRB are headed by multi-member commissions with fixed, staggered terms and for-cause removal protections, designed to reduce political influence over specialized regulatory functions.

MPA - Master of Public Administration Practice Test

MPA - Master of Public Administration Practice Test

MPA Administrative Law and Regulatory Policy 3