TRUE OR MOSTLY FALSE

____ 1. Under the ideal American concept of democracy, the role of the legislature is to define and decide public policy while the role of the administrative agencies (AA) is to implement the policy.

____2. If the Maine legislature votes not to approve an AA provisionally adopted major substantive rule, the agency cannot implement the rule.

____3. Generally, ordermaking deals with specific parties and future actions, while rulemaking deals with past actions and the general public.

____4. The least powerful type of AA is the "independent" agency.

____5. AA must solicit, consider and use all relevant comments in a rule.

____6. The US Supreme Court is not required to take an AA case if a party files suit.

____7. Generally, internal memos written by AA employees to another AA agency employee have to be released under the Freedom of Access (Information) Act.

____8. The U.S. has had AA since we became a nation in the 1770s.

____9. One of the key criticisms of AA is that they do not have a Constitutional basis.

___10. If a "facial challenge" of an AA rule is successful in court (the plaintiff wins and the agency loses) the rule itself is void.

___11. The greater majority of government regulations (rules) affecting the public are made by AA who are nonelected officials.

____12. Rulemaking and ordermaking have the force of law.

____13. Conflict of Interest laws apply only to the AA official; never to any members of his family.

____14. Rulemaking is considered "quasi-judicial" because a rule resembles a court case.

____ 15. Technical rules are adopted by AAs; they don't go back to the legislature.

____16. Most rules of evidence (the greater majority of them) do not apply to AA rulemakings and ordermakings.