Administrative Law

Question 1

Are there four branches in administrative law?

Answer 1

no there are three but they are reffered as 4

Question 2

There are more tan……………. federal administrative agencies.

Answer 2

100

Question 3

Federal administrative agencies have become so important that they’re often called the ……………of government

Answer 3

fourth branch

Question 4

What is the Administrative Procedures Act?

Answer 4

1. Established notice and hearing requirements;
2. Established rules for conducting agency adjudicative actions, and
3. Established procedures for rule making.

Question 5

What powers does the fourth branch have?

Federal administrative agencies

Answer 5

Legislative Powers
Licensing Powers
Executive Powers
Judicial Powers

Question 6

What are the legislative powers of the federal administrative agencies?

Answer 6

they have the authority to issue substantive rules.

Question 7

……………………….have the force of law

Answer 7

Sustantive rules

Question 8

Statutes often require……………………………before a person can enter certain industries (like banks, tv stations, airlines) or professions (physicians, lawyers, CPAs).

Answer 8

the issuance of a government license

Question 9

Most administrative agencies have the power to determine whether to………………… to applicants.

Answer 9

grant licenses

Question 10

……………………..are physical inspections of businesses.

Answer 10

Administrative searches

Question 11

Judicial Powers provide……………………..and…………………..

Answer 11

procedural due process and

substantive due process

Question 12

The……………….gives respondents proper notice of allegations and a chance to present evidence.

Answer 12

procedural due process

Question 13

The ………………………….clearly states the statute or rule that the respondent is charged with violating

Answer 13

substantive due process

Question 14

What does ALJ stands for?

Answer 14

Administrative Law Judges

Question 15

…………………….preside over administrative proceedings and decide questions of law and fact concerning the case. There is no jury.

Answer 15

ALJs

Question 16

………………….are issued in the form of an order that states the reason for the decision.

Answer 16

ALJ decisions

Question 17

What is necesary before a judicial Review of Agency Actions?

Answer 17

Case must be ripe.
Administrative exhaustion.
Final Order Rule – the decision of the agency must be final before judicial review is sought.

Question 18

FOIA stands for?

Answer 18

Freedom of Information Act

Question 19

TORA stands for?

Answer 19

Texas Open Records Act

Question 20

………………….requires federal agencies to publish agency procedures, rules, regs, interpretations in the federal register.

Answer 20

FOIA

Question 21

What does the Government in the Sunshine Act do?

Answer 21

Opens certain federal agency meetings to the public.

Question 22

The………….protects persons from harassment by federal administrative agencies.

Answer 22

Equal Access to Justice Act

Question 23

Do-Not-Call Registry is a…………….

Answer 23

joint project of two agencies

Question 24

What are the two agencies in the Do-Not-Call Registry?

Answer 24

Federal Communications Commission (FCC) and

Federal Trade Commission.

Question 25

....................is the second largest government agency (only Defense is larger).

Answer 25

Department of Homeland Security

Question 26

............................placed 22 existing federal agencies with nearly 200,000 employees under the DHS

Answer 26

The Homeland Security Act of 2002

Question 27

What does FDA stands for?

Answer 27

Food and Drug Administration

Question 28

...................................provides the basis for the regulation of testing, manufacturing, distribution, and sale of foods, drugs, cosmetics, and medicinal products.

Answer 28

Food and Drug Administration

Question 29

FDA laws are supposed to..............

Answer 29

Ensure the wholesomeness of food; Encourage accuracy in labeling and packaging; and Prevent injury to health.

Question 30

“safe” contaminant levels for some foods: Golden raisins ........................-- Popcorn -....................... Peanuts - .................................... Can mushrooms-................ Tomato juice --....................

Answer 30

``` 35 fly eggs/8 oz 2 rodent hairs per lb 20 insects per 100 lbs 20 maggots/3 oz 10 fly eggs/3 oz ```

Question 31

FDA can regulate medicinal devices like

Answer 31

heart pacemakers, dialysis machines, defibrillators, surgical equipment, and other diagnostic, therapeutic, and health devices.

Question 32

How many drugs did the FDA test last year?

Answer 32

none

Question 33

FDA does not test drugs, it relays on..............

Answer 33

the drug manufacturs test

Question 34

...................is Responsible for enforcing federal employment discrimination laws

Answer 34

Equal Employment Opportunity Commission

Question 35

What does the Consumer Product Safety Commission do?

Answer 35

``` Interprets/enforces CPSA; Safety tests consumer products; Collects data re injuries caused by products; Can require recalls; Can seize hazardous products; & Seek civil & criminal penalties. ```

Question 36

...............................enforces the Federal Trade Commission Act to prohibit unfair and deceptive trade practices.

Answer 36

Federal Trade Commission

Question 37

Who regulates labor union formation, elections, bargaining with employees, and other labor matters?

Answer 37

The National Labor Relations Board

Question 38

The .........................Regulates radio, television, cable, and other broadcast media.

Answer 38

Federal Communications Commission

Question 39

The.....................regulates the issuance, sale, and purchase of securities, including stocks and bonds.

Answer 39

Securities Exchange Commission

Question 40

The.......................is responsible for enforcing federal environmental protection laws

Answer 40

Environmental Protection Agency

Question 41

Mention some of the Acts for the Environmental Protection Agency

Answer 41

Clean Air Act, Clean Water Act, Toxic Substances Control Act, Resource Conservation and Recovery Act, Endangered Species Act.

Question 42

CFR stands for?

Answer 42

Code of Federal Regulations

Question 43

EPA stands for?

Answer 43

Environmental Protection Agency

Question 44

...........................passes laws and....................are created to regulate

Answer 44

Congress | agencies

Question 45

the decision of the agency must be final before judicial review is sought is a...............

Answer 45

Final Order Rule