ADMINISTRATIVE LAW MIDTERM
EXAM QUESTIONS & VALID
COMPLETE ANSWERS NEWEST
VERSION
What does the process of rulemaking involve? - CORRECT ANSWER o Writing the
Rule
o Advocacy by Interested Parties
o Notice and Comment Period
o Judicial Review
Judicial interpretation of what section of the APA has identified more procedural
obligations? - CORRECT ANSWER APA Section 553
What may an agency have to do sometimes in rulemaking? - CORRECT ANSWER an
agency may have to utilize procedures imposed by sources other than the APA
Agency may sometimes have to use what type of procedures in rulemaking? -
CORRECT ANSWER special procedures
What is an example of a special procedure an agency may have to use for rulemaking?
- CORRECT ANSWER rule making through building consensus among the parties, this
procedure is called 'regulatory negotiation.'
Instead of using special procedures, an agency may also seek what for rulemaking? -
CORRECT ANSWER the agency may seek advice from outside persons before
proposing a rule
If an agency uses an advisory committee, it should comply with what? - CORRECT
ANSWER the Federal Advisory Committee Act - FACA, 5 USC App. II.
Executive branch agencies must comply with executive orders issued by who and under
what? - CORRECT ANSWER issued by the president; under E.O. 12, 886
The rulemaking process also involves what else? - CORRECT ANSWER internal
procedures and management methods
What are the number of events that may prompt an agency to propose a rule? -
CORRECT ANSWER o 1) The agency must act in accordance with a statute
o 2) Response to staff recommendations
, o 3) Petition from an interested person
o 4) Political pressure from the legislative or executive branch
What is the most common source of proposed regulations? - CORRECT ANSWER
legislation requiring specific regulations, by a particular time or upon the occurrence of
certain events
What is an example of a proposed regulation and the source of it being legislation
requiring specific regulations, by a particular time or upon the occurrence of certain
events? - CORRECT ANSWER Clean Air Act Amendment of 1990
Clean Air Act Amendment of 1990 - CORRECT ANSWER Part of it required the EPA to
"promulgate not later than 18 months after November 15, 1990, a system for issuing,
recording, and tracking."
The public can become a source for proposed regulations, acting indirectly through
who? - CORRECT ANSWER o Legislators
o Executive Officers
o Lobbyists
What are the 4 rules of thumb on how to influence agencies? - CORRECT ANSWER o
1. Knock on every door, seek various supports
o 2. Look for allies: this is a political reason. More people saying it is a good idea helps
your cause.
o 3. Know your audience - especially a broader audience including:
The Congress
The President
The Public at Large
o 4. Read the rules
One way in which the public can initiate rulemaking is through a? - CORRECT
ANSWER petition for rule making
Under APA Section 553, agencies are required to give an interested person what? -
CORRECT ANSWER the right to petition for the issuance, amendment, or repeal of a
rule
The Administrative Conference of the United States (ACUS) recommends that agencies
adopt basic procedures for what three things? - CORRECT ANSWER o Receiving
o Considering
oPrompt disposition of petitions for rule making
Under APA Section 555, an agency cannot do what in regards to petitions? -
CORRECT ANSWER ignore a petition for rulemaking
EXAM QUESTIONS & VALID
COMPLETE ANSWERS NEWEST
VERSION
What does the process of rulemaking involve? - CORRECT ANSWER o Writing the
Rule
o Advocacy by Interested Parties
o Notice and Comment Period
o Judicial Review
Judicial interpretation of what section of the APA has identified more procedural
obligations? - CORRECT ANSWER APA Section 553
What may an agency have to do sometimes in rulemaking? - CORRECT ANSWER an
agency may have to utilize procedures imposed by sources other than the APA
Agency may sometimes have to use what type of procedures in rulemaking? -
CORRECT ANSWER special procedures
What is an example of a special procedure an agency may have to use for rulemaking?
- CORRECT ANSWER rule making through building consensus among the parties, this
procedure is called 'regulatory negotiation.'
Instead of using special procedures, an agency may also seek what for rulemaking? -
CORRECT ANSWER the agency may seek advice from outside persons before
proposing a rule
If an agency uses an advisory committee, it should comply with what? - CORRECT
ANSWER the Federal Advisory Committee Act - FACA, 5 USC App. II.
Executive branch agencies must comply with executive orders issued by who and under
what? - CORRECT ANSWER issued by the president; under E.O. 12, 886
The rulemaking process also involves what else? - CORRECT ANSWER internal
procedures and management methods
What are the number of events that may prompt an agency to propose a rule? -
CORRECT ANSWER o 1) The agency must act in accordance with a statute
o 2) Response to staff recommendations
, o 3) Petition from an interested person
o 4) Political pressure from the legislative or executive branch
What is the most common source of proposed regulations? - CORRECT ANSWER
legislation requiring specific regulations, by a particular time or upon the occurrence of
certain events
What is an example of a proposed regulation and the source of it being legislation
requiring specific regulations, by a particular time or upon the occurrence of certain
events? - CORRECT ANSWER Clean Air Act Amendment of 1990
Clean Air Act Amendment of 1990 - CORRECT ANSWER Part of it required the EPA to
"promulgate not later than 18 months after November 15, 1990, a system for issuing,
recording, and tracking."
The public can become a source for proposed regulations, acting indirectly through
who? - CORRECT ANSWER o Legislators
o Executive Officers
o Lobbyists
What are the 4 rules of thumb on how to influence agencies? - CORRECT ANSWER o
1. Knock on every door, seek various supports
o 2. Look for allies: this is a political reason. More people saying it is a good idea helps
your cause.
o 3. Know your audience - especially a broader audience including:
The Congress
The President
The Public at Large
o 4. Read the rules
One way in which the public can initiate rulemaking is through a? - CORRECT
ANSWER petition for rule making
Under APA Section 553, agencies are required to give an interested person what? -
CORRECT ANSWER the right to petition for the issuance, amendment, or repeal of a
rule
The Administrative Conference of the United States (ACUS) recommends that agencies
adopt basic procedures for what three things? - CORRECT ANSWER o Receiving
o Considering
oPrompt disposition of petitions for rule making
Under APA Section 555, an agency cannot do what in regards to petitions? -
CORRECT ANSWER ignore a petition for rulemaking
