32. DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission and that in any event, action by an agency is always upheld. Which of the following would have reached the decision at her hearing before the administrative agency?

A. A jury

B. A superior court judge

C. A federal court judge

D. An administrative law judge

E. An adjudicative law judge

22. Which of the following is true about an arbitration hearing?

A. In most arbitrations, an official record of the hearing is kept.

B. The arbitrator often takes a much more passive role in an arbitration hearing than a judge takes in a trial.

C. The parties may introduce witnesses and documentation.

D. The parties cannot represent themselves.

E. The arbitration hearing is not at all like a trial.