Question 12 pts

Comments made to administrators outside the normal comment channels are called:

Group of answer choices

De parte comments

De partial comments

Ex parte comments

Ex partial comments

Flag question: Question 2Question 22 pts

An administrator must have an open mind in rulemaking, and if it is shown by clear and convincing evidence that an administrator had an unalterably closed mind, that administrator may be disqualified from participating in a rulemaking.

Group of answer choices

True

False

Flag question: Question 3Question 32 pts

When agencies expect no adverse comments, they sometimes use this procedure under which a final rule is announced without prior notice, with a promise that if adverse comments are received, the agency will withdraw the rule and subject it to notice and comment.

Group of answer choices

Direct final rulemaking

Hybrid rulemaking

Formal rulemaking

Negotiated rulemaking

Flag question: Question 4Question 42 pts

Liberty interests protected by the Constitution are often created by the Constitution itself.

Group of answer choices

True

False

Flag question: Question 5Question 52 pts

Due process requires _________ and an adjudicatory hearing when agency action affects a particular party and is based on facts specific to the situation of that party. These facts are referred to as "adjudicative facts."

Group of answer choices

clarity

relevance

redressability

notice

Flag question: Question 6Question 62 pts

Agencies, like common law courts, often announce new rules in the course of deciding matters in adjudication. The Supreme Court approved their practice on two theories: first, that the practice is within the traditional adjudicatory process and second:

Group of answer choices

That subsequent parties are not ordered to follow the rule in a proper adjudication.

That subsequent parties are ordered to follow the rule in a proper adjudication.

That current parties are not ordered to follow the rule in a proper adjudication.

That current parties are ordered to follow the rule in a proper adjudication.

Flag question: Question 7Question 72 pts

Property interests protected by the Due Process Clauses are usually created by law external to the:

Group of answer choices

Constitution

Administrative Procedures Act

Statute

Common Law

Flag question: Question 8Question 82 pts

Agencies must normally follow their own procedural rules, except for rules that are unpublished and not intended to benefit the public but rather intended only to provide guidance to agency employees.

Group of answer choices

True

False

Flag question: Question 9Question 92 pts

Rulemaking to which some adjudicatory procedures, such as cross-examination of experts, are added.

Group of answer choices

Direct final rulemaking

Hybrid rulemaking

Formal rulemaking

Negotiated rulemaking

Flag question: Question 10Question 102 pts

In order for the opportunity to comment to be meaningful, parties must have notice of data or other information upon which the agency is relying: If notice is inadequate, the cure is a new notice and comment period.

Group of answer choices

True

False

Flag question: Question 11Question 112 pts

The main APA policymaking tools are rulemaking and _____________.

Group of answer choices

jurisdiction

standing

adjudication

reviewability

Flag question: Question 12Question 122 pts

The primary process for promulgating rules under the APA is notice and comment rule making under APA ______, which is also referred to as informal rulemaking.

Group of answer choices

500

535

550

553

Flag question: Question 13Question 132 pts

Where no particular procedural model is statutorily or constitutionally required, agencies may make policy informally, i.e., without using either an adjudicatory or rulemaking process.

Group of answer choices

True

False

Flag question: Question 14Question 142 pts

Where agency action is based on conditions common to many parties, such as the value of all property in a city, or the effects of a widely used food additive, such general facts are referred to as "___________ facts" and a ___________ process is constitutionally sufficient.

Group of answer choices

legislative; legislative

legislative; judicial

judicial; legislative

judicial; judicial

Flag question: Question 15Question 152 pts

The Due Process Clauses expressly apply to life, liberty, and ___________.

Group of answer choices

pursuit of happiness

property

justice

benefits

Flag question: Question 16Question 162 pts

This theory looks at whether law external to the Constitution creates an entitlement to the interest, by specifying the conditions under which the interest must be legally reorganized.

Group of answer choices

New property theory

Entitlement theory

Protected interest theory

Discriminatory theory

Flag question: Question 17Question 172 pts

Which one of the following is not a principal requirement of informal rulemaking?

Group of answer choices

Notice

Adjudication

Opportunity to comment

Publication of the decision

Flag question: Question 18Question 182 pts

Adjudicating is the favored procedure for formulating general policy-oriented rules because of greater fairness and fact-finding ability.

Group of answer choices

True

False

Flag question: Question 19Question 192 pts

An adjudicator is disqualified if a disinterested observer may conclude that the decisionmaker has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it.

Group of answer choices

True

False

Flag question: Question 20Question 202 pts

Agencies must follow their own formally promulgated procedural rules, and they must also follow informally promulgated procedural rules when a member of the public has relied on the rule and has been prejudiced by the agency's failure to follow it.

Group of answer choices

True

False

Flag question: Question 21Question 212 pts

This type of rulemaking is a procedure under which a notice of proposed rulemaking is formulated through negotiations among interested parties, presided over by the agency.

Group of answer choices

Direct final rulemaking

Hybrid rulemaking

Formal rulemaking

Negotiated rulemaking

Flag question: Question 22Question 222 pts

This type of rulemaking is also known as "on the record" rulemaking, and is rulemaking pursuant to trial-type procedures akin to adjudication.

Group of answer choices

Direct final rulemaking

Hybrid rulemaking

Formal rulemaking

Negotiated rulemaking

Flag question: Question 23Question 232 pts

Cost-benefit analysis has been identified as a useful tool to improve agency policymaking and reduce the potential for arbitrary agency action.

Group of answer choices

True

False

Flag question: Question 24Question 242 pts

Although due process may have originally meant simply that government must provide whatever process has been promised in applicable statutes and rules, today due process is understood as requiring procedures considered adequate in light of the interests and issues involved in the adjudication.

Group of answer choices

True

False

Flag question: Question 25Question 252 pts

A basic right under due process is the right to a partial decision maker. A decision-maker is neutral if he or she has a pecuniary interest in the outcome of the case or if he or she has prejudged the facts or law of the case.

Group of answer choices

True

False