SC Bar Administrative Law

Question 1

What is the purpose of the Administrative Procedure Act?

Accepted Answer

To establish procedures for agency rulemaking and adjudication, and provide for judicial review

Answer

To create new administrative agencies

Answer

To limit the number of government regulations

Answer

To replace all common law with statutory law

Question 2

What is notice-and-comment rulemaking?

Accepted Answer

A process where agencies publish proposed rules, accept public comments, and issue final rules with responses to comments

Answer

A rule that takes effect immediately without public input

Answer

A procedure where only affected businesses are notified

Answer

A legislative process for passing new laws

Question 3

What is an agency's enabling statute?

Accepted Answer

The law enacted by Congress that creates the agency and defines its authority and powers

Answer

The agency's internal operating manual

Answer

A regulation created by the agency itself

Answer

A court order establishing the agency's jurisdiction

Question 4

What standard of review applies to agency legal interpretations?

Accepted Answer

Courts may defer to reasonable agency interpretations of ambiguous statutes they administer

Answer

Courts always conduct de novo review of legal questions

Answer

Agencies have absolute final say on all legal interpretations

Answer

Only the Supreme Court can review agency legal interpretations

Question 5

What is exhaustion of administrative remedies?

Accepted Answer

A requirement that parties must pursue all available agency processes before seeking court review

Answer

A rule that agency resources must be fully used before new funding

Answer

A principle that courts must hear every case before it

Answer

A doctrine preventing agencies from reopening closed cases

Question 6

What is arbitrary and capricious review?

Accepted Answer

A standard where courts overturn agency actions taken without rational basis or adequate consideration of relevant factors

Answer

A review available only for criminal administrative proceedings

Answer

A standard that applies only to agency budget decisions

Answer

A type of review that gives complete deference to agencies