Word Bank

Notices environmental sentencing parties

claim reasonable Code of Fed. Reg. proof

record notice regulations Fourth

interpretive enabling appeal stipulation

inspection agency Fourteenth prehearing

standing Fifth license procedure

Goldberg Federal Register education agencies

Discovery amendment act findings

Fill in theBlanks (2 points each)

Usingthe Word Bankabove,complete the following statements.

1. An _______________________ act creates an agency.

2. Proposed rules are published in the ______________________________.

3. A_____________________ is a complaint or request for agency assistance.

4. An________________ rule explains an agency's action.

5. A person files a notice of ____________________ to contest an agency decision

6. ______________________ is the exchange of evidence.

7. _______________________ are hearing decisions.

8. Examinationsat a business are called ______________________.

9. The _________________ amendment protects against illegal searches.

10. Rules are compiled in the ____________________________.

11. ______________________ is a procedure that identifies proper parties.

12. __________________ is permission granted by an agency,

13. A complaintis a form of _________________________.

14. Stipulations occur during ___________________________ conferences.

15. A rule is the same as a ______________________.

16. ____________________ gives the date of an agency action.

17. The __________________ publishes rules daily.

18 A complaint for hazardous waste is filed at a/an ___________________ agency.

19. The experts of fact are ___________________.

20. Judicial Review is restricted to agency _________________.

Multiple Choice (2 points each)

21. The scope of review is the:

a. review of the U.S. Constitution

b. limit of court examination

c. implied reclusion

22. Agencies are often called:

a. The Third Branch of government

b. The Fourth Branch of Government

c. The Seventh Branch of government

23, Rules that implement statutes are :

a. hybrid

b. interpretive

c. substantive

24. Discovery is the gathering of information:

a. jurisdiction

b. an exchange of information

c. sentencing

25. Standards are published in an agency's:

a. rules and regulations

b. subpoena

c. notices

26. Agency hearings admit as evidence:

a. slander

b. hearsay

c. libel

27 Clients contest agency decisions as=t:

a. hearings

b. sentencing

c. notices

28. Discretion in informal actions includes

a. considering options

b. answering complaints

c. all of above

29. Federal rules are published daily in the:

a. Code of Federal Regulations

b. Federal Register

c. American Procedure Act.

30 Agencies expect businesses to send reports: .

a. haphazardly

b. quickly

c. in a reasonable time and manner

31. Non-adversarial proceedings in agencies are called:

a. informal proceedings

b. formal proceedings

c. trial proceedings

32. Congress makes laws; agencies make .

a. claims

b. rules

c. statutes

33. Before an appeal is filed, the court demands.

c. all agency appeals be completed

d. a claim filed

c. two months notice

34. Judicial Review is denied by:

a. discovery

b. exhaustion

c. preclusion

35. A preponderance of evidence is:

a. less than 25%

b. more than 38%

c. 100%

36. Public meetings are protected by:

a. Privacy Act

b. Sunshine Act

c. Trade Secrets Act

37. The an1endment protecting against improper searches is:

a. Fourth

b. Fifth

c. Fourteenth

38. A complaint of hazardous waste is filed with the:

a. Agricultural Department

b. Occupational Safety and Health Agency

c. Environmental Protection Agency

39. Participants in a hearing are:

a. judges, attorneys, witnesses

b. journalists, attorneys, parties

c. witnesses, librarians, parties

40. Appeals may be denied judicial review if:

a. statute precludes judicial review

b. stipulation occurs

C. discovery occurs

41. A person is entitled to judicial review if he/she

a. has suffered legal wrong

b. has gone into bankruptcy

c. contests decision

True/False (1 point each)

42.____If agency discretion is abused, courts may review the action.

43.____The Intelligible Principle test requires clear guidelines for

agencies.

44.____Arbitration is a filing of a claim.

45.____Agencies are the triers of fact.

46.____Judicial Review is an examination by the court.

47.____Procedural laws explain the right of citizens.

48.____Proposed rules are published in the US Code.

49.____Most agency actions are formal proceedings.

50. ____Filing of a claim is an informal proceeding.

51.____Preponderance of evidence is a proof criteria.

52.____Hearsay is allowed as evidence.

53.____The Privacy Act protects privacy of information.

54._____Past practice is based on irregular, haphazard decisions.

55. _____The Administrative Procedure Act standardizes agency functions.

56. _____The procedures of judicial review include exhaustion.

57______.Informal proceedings at agencies are adversarial

58______Processing claims is an informal agency action.

59.______Standing is a substantive law.