Ch.6 Administrative Agencies Test
Questions Fully Solved.
Enabling Legislation - Answer A statute enacted by Congress that authorizes the creation of an
administrative agency and specifies the name, composition, purpose, and powers of the agency
being created.
Types of Agencies - Answer 1. Executive Agencies: Include cabinet departments of the
executive branch which assist the President in carrying out executive functions
2. Independent Regulatory Agencies: Outside of executive departments, not under control of
cabinet secretary, usually run by a commission or board
Federal Trade Commission (FTC) - Answer Created in 1914 by Federal Trade Commission Act,
prohibits unfair methods of competition and deceptive trade practices.
Agency Rules - Answer 1. Legislative Rules: An administrative agency rule that affects
substantive legal rights and carries the same weight as a congressionally enacted statute.
2. Interpretive Rules: An administrative agency rule that simply declares a policy or explains the
agency's position and does not establish any legal rights or obligations.
Bureaucracy - Answer A large organization made up administrative agenceies that is
structured hierarchically to carry out specific functions, referred to as the 4th Branch of Govt.
The Delegation Doctrine - Answer Article I, Section 8, of the U.S. Constitution: allows Congress
to DELEGATE SOME OF ITS POWER to make and implement laws to administrative agencies. The
delegation is considered to be proper as long as Congress sets standards outlining the scope of
the agency's authority.
Administrative Procedure Act (APA) - Answer Specific procedural requirements when federal
agencies fulfill their 3 main functions of rule making, enforcement and adjudication. Provides
more control over Judicial control of administrative agencies.
Arbitrary and Capricious Test - Answer APA says courts should "hold unlawful and set aside"
agency actions said to be "arbitrary, capricious, an abuse of discernment, or otherwise not in
accordance with law"
-Standards that make a ruling arbitrary and capricious:
Questions Fully Solved.
Enabling Legislation - Answer A statute enacted by Congress that authorizes the creation of an
administrative agency and specifies the name, composition, purpose, and powers of the agency
being created.
Types of Agencies - Answer 1. Executive Agencies: Include cabinet departments of the
executive branch which assist the President in carrying out executive functions
2. Independent Regulatory Agencies: Outside of executive departments, not under control of
cabinet secretary, usually run by a commission or board
Federal Trade Commission (FTC) - Answer Created in 1914 by Federal Trade Commission Act,
prohibits unfair methods of competition and deceptive trade practices.
Agency Rules - Answer 1. Legislative Rules: An administrative agency rule that affects
substantive legal rights and carries the same weight as a congressionally enacted statute.
2. Interpretive Rules: An administrative agency rule that simply declares a policy or explains the
agency's position and does not establish any legal rights or obligations.
Bureaucracy - Answer A large organization made up administrative agenceies that is
structured hierarchically to carry out specific functions, referred to as the 4th Branch of Govt.
The Delegation Doctrine - Answer Article I, Section 8, of the U.S. Constitution: allows Congress
to DELEGATE SOME OF ITS POWER to make and implement laws to administrative agencies. The
delegation is considered to be proper as long as Congress sets standards outlining the scope of
the agency's authority.
Administrative Procedure Act (APA) - Answer Specific procedural requirements when federal
agencies fulfill their 3 main functions of rule making, enforcement and adjudication. Provides
more control over Judicial control of administrative agencies.
Arbitrary and Capricious Test - Answer APA says courts should "hold unlawful and set aside"
agency actions said to be "arbitrary, capricious, an abuse of discernment, or otherwise not in
accordance with law"
-Standards that make a ruling arbitrary and capricious:
