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In informal rule making, the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register.


A) 15
B) 20
C) 30
D) 45
E) 60

F) A) and D)
G) A) and C)

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Set forth the stages of informal rule making.

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The steps of informal rule making are as...

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Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?


A) Combined
B) Hybrid
C) Joined
D) Registered
E) Compound

F) A) and B)
G) B) and E)

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There is no right to a jury trial in administrative agency disputes.

A) True
B) False

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Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making?


A) Executive law
B) Congressional law
C) Administrative law
D) Enabling law
E) Rule law

F) All of the above
G) B) and D)

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Which of the following is the most likely type of rule making that Debby will propose?


A) Informal
B) Formal
C) Legislative
D) Regulatory
E) Procedural

F) A) and E)
G) B) and C)

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There is no right of appeal from a decision of an administrative law judge.

A) True
B) False

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Administrative law consists of procedural, but not substantive, rules.

A) True
B) False

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False

Which of the following is true regarding the type or types of rules that an agency may enact?


A) The types of rules agencies may enact are procedural, interpretive, legislative, and executive.
B) The types of rules agencies may enact are procedural, interpretive, and legislative.
C) The types of rules agencies may enact are executive and interpretive.
D) The types of rules agencies may enact are legislative and executive.
E) Agencies may enact interpretive rules only.

F) A) and D)
G) C) and E)

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Which of the following are rules that do not create any new rights or duties but are step-by-step statements of what actions a party must take to be considered in compliance with an existing law?


A) Regulatory rule
B) Explanatory rule
C) Interpretive rule
D) Analysis rule
E) Application rule

F) D) and E)
G) C) and E)

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The Small Business Administration is an example of an executive agency.

A) True
B) False

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Which of the following is an order issued by an agency to appear at a particular time and place and bring specified documents?


A) A subpoena
B) A subpoena duces tecum
C) A summons
D) A summons duces tecum
E) A required documented appearance

F) A) and D)
G) A) and C)

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Set forth the steps involved in hybrid rule making.

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The steps of hybrid rule making are as follows: 1. Publication of a proposed rule is made in the Federal Register. 2. Publication is followed by the opportunity for submission of written comments. 3. There is an informal public hearing with a more restricted opportunity for cross-examination than that involved in formal rule making. 4. The final rule is then published in the Federal Register.

Which of the following is an act passed by Congress and serves as a major limitation on how federal agencies are run?


A) The Agency Restriction Act
B) The Regulatory Agency Act
C) The Agency Regulation Act
D) The Administrative Procedures Act
E) The Regulatory Restriction Act

F) A) and E)
G) A) and B)

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D

Which of the following was the result on appeal in Murphy v. New Milford Zoning Commission, the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?


A) That the decision of the zoning commission was correct and would be upheld.
B) That the court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities.
C) That no appeal rights existed from a decision regarding zoning issues, a completely localized issue.
D) That the zoning commission was incorrect but that more information was needed in order to fashion a remedy.
E) That the zoning commission was incorrect and that the plaintiffs would be allowed to continue the prayer meetings.

F) A) and E)
G) A) and D)

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Executive agencies tend to focus on ______ regulation whereas independent agencies are more often focused ______ regulation.


A) Social; economic
B) Political; safety
C) Social; political
D) Safety; social
E) Economic; safety

F) All of the above
G) B) and D)

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Which of the following are the most common types of rule making done by agencies?


A) Formal and hybrid
B) Informal and hybrid
C) Formal and informal
D) Informational and informal
E) Informational and formal

F) A) and B)
G) C) and D)

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Which of the following was the result in Yan Ju Wang v. George Valverde, the case in the text in which the plaintiff, a holder of a valid Class C (noncommercial) driver's license, applied for a Class B (commercial) driver's license but was caught cheating when taking the Class B test resulting in the revocation by the state Department of Motor Vehicles of his Class C license?


A) That the interpretation of the Department of Motor Vehicles of state law was correct and that it had the authority to revoke the Class C license.
B) That the interpretation of the Department of Motor Vehicles of state law was incorrect and that it had no authority to revoke the Class C license.
C) That although the interpretation of the Department of Motor Vehicles of state law was correct, the department failed to satisfy applicable requirements in notifying the plaintiff of its decision in regard to the Class C license and that the department's action was therefore null and void.
D) That although the interpretation of the Department of Motor Vehicles of state law was correct, applicable federal law prohibited the revocation of a Class C license due to misconduct in regard to the testing procedures for a Class B license.
E) That although the interpretation of the Department of Motor Vehicles of state law was incorrect, federal law prohibits fraud in connection with the application to operate any motor vehicle thereby justifying the revocation of the Class C license.

F) C) and E)
G) A) and B)

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Executive agencies are referred to as which of the following?


A) Judicial-level agencies
B) Adjudicative agencies
C) Cabinet-level agencies
D) Approval agencies
E) Presidential agencies

F) A) and D)
G) B) and E)

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Which of the following is true regarding types of powers administrative agencies have?


A) Agencies have legislative, judicial, and executive power.
B) Agencies have executive power and judicial power, but not legislative power.
C) Agencies have executive power and legislative power, but not judicial power.
D) Agencies have legislative power, but not executive power or judicial power.
E) Agencies have legislative power and judicial power, but not executive power.

F) A) and E)
G) A) and D)

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