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NCA Administrative Law practice questions

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Question 1Administrative Law

Under the basic framework of administrative law, which branch of government is generally charged with creating statutory authority for agencies?

  1. The legislature Correct answer.
  2. The executive
  3. The judiciary
  4. The bureaucracy

Explanation

Agencies are creatures of statute, so the legislature supplies their legal authority and boundaries through enabling legislation. Courts review agency action, and the executive oversees implementation, but neither creates the underlying statutory grant of power.

Question 2Administrative Law

A statute delegates rulemaking power to an agency but provides almost no guidance on how that power should be exercised. This delegation is most vulnerable to challenge on which ground?

  1. Violation of the right to a jury trial
  2. Lack of subject-matter jurisdiction
  3. Improper delegation of legislative power Correct answer.
  4. Failure to provide adequate notice

Explanation

The nondelegation doctrine requires that Congress supply an intelligible principle to guide delegated authority. A delegation with virtually no standards may be attacked as an unconstitutional transfer of legislative power, though courts rarely strike down delegations on this basis.

Question 3Administrative Law

Which source of law typically governs an agency's internal procedures for handling matters that do not affect the public?

  1. International treaties
  2. State criminal codes
  3. The agency's own procedural regulations Correct answer.
  4. The Constitution's Appointments Clause

Explanation

Agencies frequently adopt their own procedural rules that structure internal operations and staff handling. These internal rules supply the governing procedure for matters that do not implicate public rights or formal adjudication.

Question 4Administrative Law

An agency issues a rule that imposes new obligations on regulated firms. Which characteristic most distinguishes a legislative (substantive) rule from an interpretive rule?

  1. It is published in the Federal Register
  2. It applies only to a single firm
  3. It is signed by the agency head
  4. It carries the force and effect of law Correct answer.

Explanation

A legislative rule binds regulated parties with the force and effect of law because it is adopted under delegated authority. An interpretive rule merely explains the agency's understanding of an existing statute or rule and lacks that binding effect.

Question 5Administrative Law

What is the primary purpose of the notice-and-comment process in informal rulemaking?

  1. To select the agency's presiding officers
  2. To replace judicial review of the final rule
  3. To give the agency authority to enforce the rule
  4. To allow the public to influence the content of proposed rules Correct answer.

Explanation

Notice and comment gives interested persons an opportunity to see the proposed rule and submit data, views, or arguments. The agency must then consider the relevant material before issuing a final rule, which improves the quality and legitimacy of the decision.

Question 6Administrative Law

An agency wishes to adopt a rule without prior notice and comment by invoking the good cause exception. Which justification best supports that invocation?

  1. Compliance with notice would defeat the rule's purpose Correct answer.
  2. The rule concerns a complex technical subject
  3. The rule is likely to be popular with the public
  4. The agency has already drafted a detailed preamble

Explanation

The good cause exception applies when notice and comment would be impracticable, unnecessary, or contrary to the public interest. The agency must state its reasons, and mere complexity or popularity does not satisfy the standard.

Question 7Administrative Law

In formal adjudication, what role does an administrative law judge typically play?

  1. Drafting the agency's legislative rules
  2. Advising the agency head on policy
  3. Presiding over the hearing and issuing a decision Correct answer.
  4. Representing the agency in court appeals

Explanation

In formal adjudication an administrative law judge presides over an evidentiary hearing, makes findings, and issues an initial or recommended decision. This role is designed to provide an independent decision-maker within the agency structure.

Question 8Administrative Law

A licensing agency denies an application without telling the applicant the reasons for denial. What procedural problem does this most likely present?

  1. The agency violated the nondelegation doctrine
  2. The agency exceeded its statutory jurisdiction
  3. The agency improperly delegated its authority
  4. The agency failed to provide a required statement of grounds Correct answer.

Explanation

Adjudicative decisions generally require a statement of findings and conclusions, including the reasons or basis for the decision. A bare denial without explanation deprives the applicant of the basis needed to understand the result and to seek review.

Question 9Administrative Law

Which standard of judicial review applies when a court examines whether an agency's factual findings are supported by substantial evidence in the record?

  1. De novo review
  2. Arbitrary and capricious review
  3. Substantial evidence review Correct answer.
  4. Plain error review

Explanation

Substantial evidence review asks whether the record as a whole contains enough evidence that a reasonable mind might accept it as adequate. It is a deferential standard used for formal proceedings and certain factual determinations.

Question 10Administrative Law

A court reviewing an agency's interpretation of an ambiguous statute it administers will most likely apply which approach?

  1. De novo interpretation without deference
  2. Strict scrutiny of the agency's reasoning
  3. A presumption that the agency erred
  4. Deference to the agency's reasonable interpretation Correct answer.

Explanation

Courts have traditionally deferred to an administering agency's reasonable construction of an ambiguous statute it implements. The precise framework has shifted over time, but the core idea is that the agency's expertise warrants respectful review of its interpretation.

Question 11Administrative Law

What does the exhaustion of administrative remedies doctrine generally require before a party seeks judicial review?

  1. The party must file a Freedom of Information request
  2. The party must pursue available agency review procedures Correct answer.
  3. The party must wait one year after the agency acts
  4. The party must first obtain a favorable agency decision

Explanation

Exhaustion requires a party to use the administrative review mechanisms the agency provides before going to court. This promotes agency efficiency and allows the agency to correct errors and develop a full record.

Question 12Administrative Law

A party challenges an agency action in court but has not yet obtained a final agency decision. Which doctrine most directly bars immediate review?

  1. Finality Correct answer.
  2. Ripeness
  3. Mootness
  4. Standing

Explanation

The finality requirement generally limits judicial review to final agency action, so a party cannot ordinarily sue before the agency has completed its decision-making. This ensures courts review concrete, fully formed actions rather than tentative steps.

Question 13Administrative Law

Which element is generally required for a plaintiff to establish standing to challenge agency action?

  1. Membership in a regulated industry
  2. A financial interest in the agency's budget
  3. Prior participation in the rulemaking
  4. A concrete injury in fact Correct answer.

Explanation

Standing requires an injury in fact that is concrete and particularized, fairly traceable to the challenged action, and likely to be redressed by a favorable decision. Industry membership or prior participation is not itself required.

Question 14Administrative Law

A person subject to an agency enforcement action requests a hearing before an impartial decision-maker. Which constitutional guarantee is most directly implicated?

  1. The right to bear arms
  2. The prohibition on double jeopardy
  3. Procedural due process Correct answer.
  4. The ex post facto clause

Explanation

Procedural due process requires fair procedures, including an impartial decision-maker, when government action deprives a person of life, liberty, or property. An enforcement action threatening such interests triggers these protections.

Question 15Administrative Law

In determining what process is due before an agency deprives a person of a protected interest, courts generally balance which factors?

  1. The statute's length, complexity, and age
  2. The agency's budget, staff size, and caseload
  3. The plaintiff's wealth, age, and residence
  4. The private interest, the risk of error, and the government's interest Correct answer.

Explanation

Due process balancing weighs the private interest affected, the risk of erroneous deprivation under current procedures and the value of added safeguards, and the government's interest including administrative burden. This structured balancing guides how much procedure is constitutionally required.

Question 16Administrative Law

Under the Freedom of Information Act, which type of record is generally subject to disclosure unless an exemption applies?

  1. Records held by a federal agency Correct answer.
  2. Records held by a private company
  3. Records of a state legislature
  4. Records of a foreign government

Explanation

FOIA applies to records maintained by federal agencies, which must disclose them on request unless a statutory exemption protects the material. It does not reach private entities, state legislatures, or foreign governments.

Question 17Administrative Law

An agency denies a FOIA request by citing an exemption but provides no explanation. What is the most likely defect in the agency's response?

  1. It failed to charge a search fee
  2. It failed to justify the exemption with sufficient specificity Correct answer.
  3. It failed to publish the request in the Federal Register
  4. It failed to obtain a court order first

Explanation

An agency invoking a FOIA exemption must ordinarily explain why the exemption applies and provide enough detail for review. A conclusory citation without justification undermines the requester's ability to challenge the withholding.

Question 18Administrative Law

The Government in the Sunshine Act is primarily concerned with which practice?

  1. Open meetings of certain federal agencies Correct answer.
  2. Disclosure of presidential tax returns
  3. Publication of state administrative codes
  4. Public access to judicial opinions

Explanation

The Sunshine Act generally requires that meetings of covered multi-member federal agencies be open to public observation, subject to specified exemptions. It complements FOIA's focus on records by addressing deliberative meetings.

Question 19Administrative Law

An agency inspector conducts a warrantless search of a regulated business over the owner's objection. Which principle most directly governs the validity of the inspection?

  1. The Sixth Amendment's speedy trial guarantee
  2. The business owner's consent is always required
  3. The Fifth Amendment's self-incrimination clause
  4. The Fourth Amendment's reasonableness standard Correct answer.

Explanation

Administrative inspections are subject to the Fourth Amendment, which requires that searches be reasonable. In closely regulated industries, warrantless inspections may be permissible if statutory safeguards constrain the inspector's discretion.

Question 20Administrative Law

Which doctrine allows courts to set aside agency action that is so implausible that it could not be ascribed to a difference in view or the product of agency expertise?

  1. Primary jurisdiction
  2. Exhaustion of remedies
  3. Arbitrary and capricious review Correct answer.
  4. Ripeness

Explanation

Arbitrary and capricious review asks whether the agency examined the relevant data and articulated a rational connection between the facts and its choice. Action that is implausible or internally inconsistent fails this standard.

Question 21Administrative Law

An agency changes a longstanding policy without acknowledging the change or explaining its reasons. What is the most likely ground for a court to remand the decision?

  1. The agency failed to provide a reasoned explanation for the change Correct answer.
  2. The agency consulted regulated parties
  3. The agency published the change in the Federal Register
  4. The agency lacked a quorum

Explanation

An agency changing course must acknowledge that it is doing so and supply a reasoned explanation that is consistent with the evidence. Unexplained reversals can be arbitrary and capricious because they leave the basis for the new position unclear.

Question 22Administrative Law

What is the effect of an agency's failure to comply with a required procedural step during rulemaking?

  1. The rule may be remanded for the agency to cure the defect Correct answer.
  2. The rule is automatically void in all cases
  3. The rule becomes an interpretive rule
  4. The rule takes effect only after a judicial vote

Explanation

Procedural error often leads a court to remand the rule so the agency can correct the deficiency, unless the error was harmless. Courts generally tailor the remedy rather than automatically voiding the rule in every instance.

Question 23Administrative Law

Under the primary jurisdiction doctrine, a court may do which of the following?

  1. Order the agency to issue a rule within thirty days
  2. Stay proceedings so an agency can address a technical issue Correct answer.
  3. Dismiss the case for lack of standing
  4. Reverse the agency's decision on the merits

Explanation

Primary jurisdiction allows a court to stay or refer a matter when a technical or specialized issue falls within an agency's expertise. The goal is to let the agency resolve the issue before the court proceeds.

Question 24Administrative Law

A federal agency head removes a subordinate officer who was appointed under a statute requiring good cause for removal. What legal issue is most directly raised?

  1. The validity of the agency's budget
  2. The scope of the removal power Correct answer.
  3. The applicability of the Sunshine Act
  4. The adequacy of FOIA compliance

Explanation

Removal disputes concern the President's or agency heads' authority to remove officers and any statutory restrictions on that power. The answer turns on separation-of-powers principles and the terms of the governing statute.

Question 25Administrative Law

Which type of agency action is most likely to be considered a final agency action subject to judicial review?

  1. A preliminary inquiry letter
  2. A formal order concluding an adjudication Correct answer.
  3. A draft proposed rule
  4. An internal staff memorandum

Explanation

A formal order that concludes an adjudication determines rights or obligations and typically marks the consummation of the agency's decision-making. Internal memoranda, drafts, and preliminary inquiries generally lack that finality.

Question 26Administrative Law

Under the Administrative Procedure Act, which type of agency action is presumed to be subject to judicial review unless a statute expressly precludes it?

  1. Final agency action Correct answer.
  2. Advisory agency action
  3. Preliminary agency action
  4. Internal agency action

Explanation

The APA creates a strong presumption of judicial review for final agency action. Final action is the consummation of the agency's decision-making process and determines rights or obligations. Preliminary, advisory, and internal actions are generally not reviewable because they are not final.

Question 27Administrative Law

Which of the following is an example of an informal agency adjudication?

  1. A hearing before an administrative law judge under the formal adjudication provisions of the APA
  2. A decision by an agency official to deny a license application without a formal hearing Correct answer.
  3. A jury trial in federal district court
  4. A rulemaking proceeding conducted under the formal rulemaking provisions of the APA

Explanation

Informal adjudication refers to agency decision-making that affects specific parties but is not required by statute to be determined on the record after an opportunity for an agency hearing. It often involves case-by-case decisions such as granting or denying licenses or benefits without a formal trial-type hearing. Formal adjudication and formal rulemaking are distinct APA procedures, and jury trials are judicial, not administrative.

Question 28Administrative Law

What is the general rule regarding an agency's authority to conduct inspections of regulated businesses without a warrant?

  1. A warrant is required unless the business is in a pervasively regulated industry or has consented to the inspection. Correct answer.
  2. A warrant is always required for any administrative inspection.
  3. A warrant is required only if the business is a sole proprietorship.
  4. No warrant is ever required for administrative inspections.

Explanation

Under the Fourth Amendment, administrative inspections generally require a warrant, but there are exceptions for pervasively regulated industries and for businesses that have consented to inspections as a condition of doing business. In such cases, a warrant may not be necessary if the inspection is conducted pursuant to a reasonable statutory scheme. The other options state absolute rules that are incorrect.

Question 29Administrative Law

Which of the following is a requirement for an agency to obtain a court order enforcing an administrative subpoena?

  1. The agency must first conduct a warrantless search.
  2. The agency must show probable cause that a violation has occurred.
  3. The agency must obtain the President's approval.
  4. The agency must show that the subpoena is reasonably relevant to a lawful purpose. Correct answer.

Explanation

To enforce an administrative subpoena, an agency must show that the investigation is within its authority, the subpoena is not too indefinite, and the information sought is reasonably relevant to the investigation. Probable cause is not required. Presidential approval and a prior warrantless search are not prerequisites.

Question 30Administrative Law

What is the primary function of the Government in the Sunshine Act?

  1. To establish the procedure for informal rulemaking
  2. To require agencies to disclose records to the public upon request
  3. To require that meetings of multi-member federal agencies be open to the public unless an exemption applies Correct answer.
  4. To create the position of administrative law judge

Explanation

The Government in the Sunshine Act requires that meetings of agencies headed by a collegial body of two or more members be open to public observation, subject to specified exemptions. It is distinct from the Freedom of Information Act, which governs records, and from the APA's rulemaking and adjudication provisions.

Question 31Administrative Law

What is the effect of a court finding that an agency's action is arbitrary and capricious?

  1. The court must issue an injunction against the agency.
  2. The court must award damages to the plaintiff.
  3. The court must uphold the action if there is any rational basis.
  4. The court must remand the action to the agency for further consideration. Correct answer.

Explanation

When a court finds agency action arbitrary and capricious under the APA, it typically sets aside the action and remands to the agency for further proceedings consistent with the court's opinion. The court does not award damages or automatically issue an injunction; the remedy is usually remand. The rational basis test is not the standard for arbitrary and capricious review.

Question 32Administrative Law

Which of the following is an example of an agency action that is committed to agency discretion by law and therefore presumptively unreviewable?

  1. An agency's denial of a license application
  2. An agency's award of a government contract
  3. An agency's promulgation of a legislative rule
  4. An agency's decision to enforce a statute against one violator but not another Correct answer.

Explanation

The APA's exception for action committed to agency discretion by law applies when there is no law to apply, such as an agency's decision whether to enforce a statute against a particular party. Courts generally presume that enforcement decisions are unreviewable because they involve resource allocation and policy choices. The other actions are typically subject to judicial review.

Question 33Administrative Law

Under the APA, what must an agency do before it can issue a formal adjudicative order?

  1. Conduct a cost-benefit analysis
  2. Publish a notice of proposed rulemaking in the Federal Register
  3. Obtain approval from the Office of Management and Budget
  4. Provide an opportunity for an evidentiary hearing on the record Correct answer.

Explanation

Formal adjudication under the APA requires an agency to provide an opportunity for an evidentiary hearing on the record, typically before an administrative law judge, before issuing a final order. Notice-and-comment rulemaking, OMB approval, and cost-benefit analysis are not required for formal adjudication.

Question 34Administrative Law

An agency issues a rule that retroactively imposes new liability on conduct that occurred before the rule's adoption. Which principle is most likely violated?

  1. The nondelegation doctrine
  2. The ex post facto clause
  3. The prohibition on retroactive rulemaking Correct answer.
  4. The prohibition on bills of attainder

Explanation

Retroactive rulemaking is generally disfavored and may be invalid if it imposes new liability for past conduct without clear statutory authorization. The nondelegation doctrine concerns Congress's delegation of legislative power to agencies. Bills of attainder and ex post facto laws are constitutional prohibitions aimed at legislative and criminal actions, not administrative rules.

Question 35Administrative Law

Which of the following best describes the 'pragmatic' approach to Chevron deference step two?

  1. The court must defer to the agency's interpretation unless it is arbitrary and capricious. Correct answer.
  2. The court must independently determine the best interpretation of the statute.
  3. The court must remand to the agency for a new interpretation.
  4. The court must apply the rule of lenity.

Explanation

At Chevron step two, if the statute is ambiguous, the court asks whether the agency's interpretation is reasonable. Under the pragmatic approach, the court defers to the agency unless the interpretation is arbitrary, capricious, or manifestly contrary to the statute. The court does not independently choose the best interpretation, apply the rule of lenity (a criminal law canon), or automatically remand.

Question 36Administrative Law

An agency's final rule is challenged as procedurally defective because the agency failed to provide a reasoned basis for departing from its prior policy. Which case is most directly on point?

  1. Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co. Correct answer.
  2. Chevron U.S.A. Inc. v. NRDC
  3. Vermont Yankee Nuclear Power Corp. v. NRDC
  4. SEC v. Chenery Corp.

Explanation

State Farm holds that an agency must provide a reasoned explanation for changing its policy and must consider alternatives and rely on the administrative record. Chenery requires that agency action be upheld on the basis articulated by the agency. Vermont Yankee addresses the limits of judicial imposition of procedural requirements, and Chevron concerns statutory interpretation.

Question 37Administrative Law

What is the significance of the 'record rule' in informal rulemaking?

  1. The agency must hold a formal hearing with cross-examination.
  2. The agency must obtain congressional approval before issuing the rule.
  3. The agency must base its rule on the record of the rulemaking proceeding, including public comments and information before the agency. Correct answer.
  4. The agency must include all internal deliberative documents in the rulemaking record.

Explanation

The record rule requires that informal rulemaking be based on the record developed during the comment period and any other information the agency considers. The agency may not rely on off-the-record information without disclosing it for comment. Formal hearings and congressional approval are not required, and deliberative documents are generally protected.

Question 38Administrative Law

An agency denies a request for records under the Freedom of Information Act, claiming the deliberative process privilege. Which of the following must the agency generally provide to justify the withholding?

  1. A copy of the documents to the requester with redactions
  2. A court order authorizing the withholding
  3. A statement that the President ordered the withholding
  4. A detailed affidavit explaining why each document is predecisional and deliberative Correct answer.

Explanation

To withhold records under the deliberative process privilege, the agency must provide a detailed justification, often through a Vaughn index or affidavit, explaining why each withheld document is predecisional and deliberative. A presidential order or court order is not required, and the agency is not obligated to release redacted copies if the entire document is exempt.

Question 39Administrative Law

Which of the following is a key difference between formal and informal adjudication?

  1. Formal adjudication is always conducted by a court, while informal adjudication is conducted by an agency.
  2. Informal adjudication is always subject to Chevron deference, while formal adjudication is not.
  3. Informal adjudication requires notice-and-comment, while formal adjudication does not.
  4. Formal adjudication requires a trial-type hearing on the record, while informal adjudication does not. Correct answer.

Explanation

Formal adjudication is characterized by an evidentiary hearing on the record, often before an ALJ, as required by statute. Informal adjudication lacks these formal trial-type procedures and may consist of case-by-case decision-making without a full hearing. Both are agency processes, and neither requires notice-and-comment rulemaking.

Question 40Administrative Law

What is the 'futility' exception to the exhaustion of administrative remedies doctrine?

  1. A party may skip administrative remedies if the agency has already decided the issue or if pursuing the remedy would be futile. Correct answer.
  2. A party may skip administrative remedies if the party cannot afford an attorney.
  3. A party may always skip administrative remedies if the agency's decision is unfavorable.
  4. A party may skip administrative remedies if the agency's procedures are lengthy.

Explanation

The futility exception allows a party to bypass administrative remedies when it is clear that the agency will not provide relief, such as when the agency has predetermined the issue or has no authority to grant the requested relief. Mere disagreement with the agency's decision, length of proceedings, or financial hardship does not automatically excuse exhaustion.

Question 41Administrative Law

Under the APA, which of the following is an example of a 'legislative rule' that requires notice-and-comment rulemaking?

  1. An agency organizational chart
  2. A rule that creates a new legal obligation and has the force of law Correct answer.
  3. An interpretive rule that merely explains an existing statute
  4. A general statement of policy that does not bind the public

Explanation

Legislative rules are those that create new rights or obligations and have the force and effect of law. They must generally go through notice-and-comment rulemaking under the APA. Interpretive rules, policy statements, and organizational charts are exempt from notice-and-comment requirements.

Question 42Administrative Law

An agency official who is a member of a multi-member commission participates in a decision involving a company in which the official owns stock. What ethical doctrine is most directly implicated?

  1. The political question doctrine
  2. The nondelegation doctrine
  3. The prohibition on conflicts of interest Correct answer.
  4. The doctrine of sovereign immunity

Explanation

Conflicts of interest rules, including federal ethics statutes and due process principles, prohibit agency officials from participating in matters in which they have a personal financial interest. The nondelegation doctrine concerns legislative delegation, the political question doctrine concerns justiciability, and sovereign immunity concerns lawsuits against the government.

Question 43Administrative Law

What is the primary purpose of the Regulatory Flexibility Act?

  1. To require agencies to obtain congressional approval for rules affecting small businesses
  2. To require agencies to assess the impact of proposed rules on small entities and consider less burdensome alternatives Correct answer.
  3. To provide financial subsidies to small businesses affected by regulations
  4. To exempt small businesses from all federal regulations

Explanation

The Regulatory Flexibility Act requires agencies to analyze the impact of proposed and final rules on small entities and to consider regulatory alternatives that minimize significant economic impact. It does not exempt small businesses from regulations, provide subsidies, or require congressional approval.

Question 44Administrative Law

When a court reviews an agency's interpretation of its own procedural rules, what standard generally applies?

  1. The court gives substantial deference to the agency's interpretation unless it is plainly erroneous or inconsistent with the rule. Correct answer.
  2. The court applies the rule of lenity.
  3. The court must defer to the agency's interpretation without any review.
  4. The court applies de novo review and may substitute its own interpretation.

Explanation

Courts generally defer to an agency's interpretation of its own procedural rules unless the interpretation is plainly erroneous or inconsistent with the rule. This deference is based on the agency's expertise and its role in administering its rules. De novo review and absolute deference are not the standards, and the rule of lenity applies to criminal statutes.

Question 45Administrative Law

Which of the following best describes the 'mootness' doctrine in the context of judicial review of agency action?

  1. A case is moot if the agency has not yet issued a final order.
  2. A case is moot if the issue is capable of repetition yet evading review.
  3. A case is moot if there is no longer a live controversy and the court's decision cannot provide effective relief. Correct answer.
  4. A case is moot if the plaintiff lacks standing at the outset.

Explanation

Mootness occurs when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome. If events have resolved the controversy and the court cannot grant effective relief, the case is moot. Lack of standing is a separate justiciability doctrine, and the capable-of-repetition exception is an exception to mootness, not a definition of it.

Question 46Administrative Law

An agency's enabling statute allows it to issue 'such rules and regulations as may be necessary to carry out the purposes of this Act.' Which constitutional doctrine is most likely implicated if the statute provides no intelligible principle to guide the agency's rulemaking?

  1. The nondelegation doctrine Correct answer.
  2. The contracts clause
  3. The takings clause
  4. The equal protection doctrine

Explanation

The nondelegation doctrine prohibits Congress from delegating its legislative power to an agency without an intelligible principle to guide the exercise of that power. A statute that gives an agency broad discretion without standards may violate this doctrine, though successful challenges are rare. Equal protection, takings, and contracts clause issues are not primarily concerned with delegation.

Question 47Administrative Law

In a case where an agency's interpretation of a statute is challenged, and the statute is silent on the specific issue, what is the first step a court takes under the Chevron framework?

  1. Determine whether the agency's interpretation is reasonable.
  2. Remand to the agency for further proceedings.
  3. Apply the rule of lenity.
  4. Determine whether Congress has directly spoken to the precise question at issue. Correct answer.

Explanation

Under Chevron step one, the court asks whether Congress has directly spoken to the precise question at issue. If the statute is clear, the court must give effect to the unambiguously expressed intent of Congress. Only if the statute is ambiguous does the court proceed to step two to assess reasonableness.

Question 48Administrative Law

An agency seeks to compel testimony from a witness during an investigation. The witness refuses to appear, arguing that the agency's subpoena is too broad. Which standard will a court apply in determining whether to enforce the subpoena?

  1. The court will enforce the subpoena only if the agency first obtains a warrant.
  2. The court will enforce the subpoena only if the witness is provided counsel at agency expense.
  3. The court will enforce the subpoena only if the agency demonstrates probable cause.
  4. The court will enforce the subpoena if the inquiry is within the agency's authority, the demand is not too indefinite, and the information sought is reasonably relevant. Correct answer.

Explanation

The Supreme Court in United States v. Morton Salt set the standard for enforcing administrative subpoenas: the agency must show that the investigation is within its authority, the subpoena is not too indefinite, and the information sought is reasonably relevant. Probable cause, appointed counsel, and a warrant are not required for subpoena enforcement.

Question 49Administrative Law

Which of the following is an example of an agency action that is likely to be considered 'final' for purposes of judicial review?

  1. An internal memorandum recommending a policy change
  2. A preliminary investigation report
  3. A notice of proposed rulemaking published in the Federal Register
  4. A cease-and-desist order issued after an administrative hearing Correct answer.

Explanation

A cease-and-desist order issued after an administrative hearing is a final agency action because it consummates the agency's decision-making process and determines rights or obligations. A notice of proposed rulemaking, an internal memorandum, and a preliminary report are not final because they do not consummate the process or determine rights.

Question 50Administrative Law

An agency head is removed by the President without cause, despite a statute providing that the agency head may be removed only for good cause. Which case is most directly relevant to the constitutionality of such a removal?

  1. Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co.
  2. Humphrey's Executor v. United States Correct answer.
  3. Vermont Yankee Nuclear Power Corp. v. NRDC
  4. Chevron U.S.A. Inc. v. NRDC

Explanation

Humphrey's Executor held that Congress may impose good-cause removal restrictions on heads of independent agencies that exercise quasi-legislative and quasi-judicial functions. Chevron, Vermont Yankee, and State Farm concern statutory interpretation, judicial review of procedure, and arbitrary and capricious review, respectively, not removal power.