Multiple-choice answers for each question.

Please answer only one from the three for each question. Please do not include any explanation because I do not need an explanation - I just need a proper answer.

a. Due process does not require an adjudicatory hearing if an agency ...

1. Makes a general, across-the-board decision on general facts.
2. The rule is in a highly technical and heavily regulated area.
3. The rule only applies to federal lands.

b. Agencies may be entitled to differences in their interpretation of their own regulations under which doctrine?

1. Auer
2. Brand X
3. None of the above.

c. Which of the following explanations best supports the Chevron doctrine?

1. The executive branch is politically accountable, and thus its actions should be presumed correct.
2. When Congress properly delegates, it also delegates the ability to clarify and full-in gaps.
3. None of the above.

d. Which of the following is not generally a factor in an arbitrary and capricious review?

1. Policy conclusions make sense.
2. Rational connection between facts and policy
3. The decision is the most cost effective.

e. Which of the following is not an element or considered in a Chevron analysis?

1. Has Congress spoken on the issue?
2. Is the agency's interpretation reasonable?
3. None of the above.

f. The Chenery rule provides that ...

1. Agency decisions are evaluated based on the reasons made at the time.
2. Agency decisions need to be rooted in substantial evidence.
3. None of the above.

g. Which of the following is a weakness of cost-benefit analysis?

1. Offers a systematic approach.
2. Can provide a false scientific veneer.
3. None of the above.

h. Which of the below best describes the statutes to which Chevron deference should apply?

1. Because they are federal agencies, any federal statute.
2. Only statutes that the agency administers.
3. None of the above.

i. If Chevron's difference does not apply, which lower level of difference may apply?

1. Kennywood deference.
2. Skidmore deference.
3. Marbury deference