NALA Administrative Law & Government Agencies

Question 1

Under the federal Administrative Procedure Act (APA), what must an agency do before a substantive rule takes legal effect?

Accepted Answer

Publish the proposed rule, allow a public comment period, and issue a final rule with a statement of basis and purpose.

Answer

Obtain approval from the U.S. Supreme Court.

Answer

Receive a two-thirds vote from Congress before publishing.

Answer

File the proposed rule with the state bar association in every state where the agency operates.

Question 2

A client has received an adverse decision from a Social Security Administrative Law Judge (ALJ). What is the NEXT step in the administrative appeals process?

Accepted Answer

Appeal to the Social Security Appeals Council.

Answer

File directly in the U.S. District Court for judicial review.

Answer

Request a rehearing before the same ALJ.

Answer

Submit a petition to Congress for legislative relief.

Question 3

Which legal doctrine allows courts to defer to a federal agency's reasonable interpretation of an ambiguous statute the agency administers?

Accepted Answer

Chevron deference

Answer

Collateral estoppel

Answer

Sovereign immunity

Answer

The non-delegation doctrine

Question 4

A paralegal working on a client's Freedom of Information Act (FOIA) request is told the agency is withholding documents. Under FOIA, which of the following is a valid exemption allowing the agency to withhold records?

Accepted Answer

The documents are classified national security information or trade secrets protected by law.

Answer

The documents contain information that might embarrass agency officials.

Answer

The agency simply does not want to spend staff time locating the records.

Answer

The requester has not paid federal income taxes in the past year.

Question 5

When a federal agency conducts a formal adjudicatory hearing, which constitutional amendment requires that affected parties receive notice and an opportunity to be heard?

Accepted Answer

Fifth Amendment (Due Process Clause)

Answer

First Amendment

Answer

Tenth Amendment

Answer

Eighth Amendment

Question 6

What is the purpose of a 'cease and desist order' issued by a federal regulatory agency such as the FTC?

Accepted Answer

To direct a party to stop an allegedly unlawful practice while enforcement proceedings continue.

Answer

To permanently shut down a company's operations and seize all its assets.

Answer

To grant the agency authority to impose criminal sentences on company officers.

Answer

To transfer the case immediately to a federal district court for trial.