PrepL Administrative Procedures 4

Question 1

An agency issues a legislative rule without following notice-and-comment procedures, claiming a 'good cause' exemption. Which finding would justify this exemption?

Accepted Answer

Notice and comment would be impracticable, unnecessary, or contrary to the public interest

Answer

The rule is politically controversial

Answer

The rule will increase agency revenue

Answer

Congress enacted the rule's enabling statute more than 20 years ago

Question 2

In administrative law, 'standing' to challenge an agency action in federal court requires a petitioner to show:

Accepted Answer

Injury in fact, causation, and redressability

Answer

Citizenship in the state where the agency operates

Answer

Membership in a regulated industry for at least two years

Answer

Prior participation in the agency's rulemaking proceeding

Question 3

What is the purpose of the Office of Information and Regulatory Affairs (OIRA) in the federal rulemaking process?

Accepted Answer

To review significant agency rules for consistency with presidential priorities and cost-benefit analysis

Answer

To draft all agency rules before publication

Answer

To enforce agency rules against regulated parties

Answer

To conduct administrative adjudications for federal licenses

Question 4

Which of the following is an example of an 'interpretive rule' that does NOT require notice-and-comment rulemaking?

Accepted Answer

An agency guidance letter clarifying how it interprets a term in an existing regulation

Answer

A regulation setting a new numerical emission limit for power plants

Answer

A rule creating a new licensing category for a profession

Answer

A rule imposing civil monetary penalties for violations

Question 5

Under the Equal Access to Justice Act (EAJA), a small business may recover attorney's fees from the federal government when:

Accepted Answer

The agency's position was not substantially justified

Answer

The business wins any claim against an agency

Answer

The business proves the agency acted in bad faith

Answer

The business's annual revenue exceeds $10 million

Question 6

A state administrative agency conducts an adjudicatory hearing. Which procedural element is typically required to satisfy due process in such a hearing?

Accepted Answer

An impartial decision-maker and the right to present evidence

Answer

A grand jury indictment

Answer

Proof beyond a reasonable doubt

Answer

Representation by a licensed attorney at all stages

Question 7

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

Accepted Answer

Transfer legislative power to agencies without providing an intelligible principle

Answer

Delegate taxing power to state governments

Answer

Allow agencies to adjudicate private disputes

Answer

Enact laws that preempt state administrative procedures