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

APA § 553(b)(B) allows agencies to bypass notice-and-comment when those procedures would be impracticable, unnecessary, or contrary to the public interest, and good cause must be stated in the rule.

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

Constitutional standing under Article III requires a concrete and particularized injury fairly traceable to the challenged action that a favorable court decision would redress.

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

OIRA, housed within OMB, reviews economically significant rules under Executive Order 12866 to ensure they reflect sound regulatory policy and presidential priorities.

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

An interpretive rule merely explains the agency's reading of an existing statute or regulation and does not create new legal obligations, so it is exempt from notice-and-comment.

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

EAJA authorizes fee awards against the government when the agency's litigating position was not substantially justified and the applicant meets size eligibility thresholds.

(PrepL) Preparation for Licensing Practice Test

(PrepL) Preparation for Licensing Practice Test

PrepL Administrative Procedures 4