Government and Civil Service Federal Administrative Law and Regulations 1 — Questions and Answers
Question 1: What is the Administrative Procedure Act (APA) primarily concerned with?
- Setting pay scales for federal workers
- Governing the process by which federal agencies create regulations (Correct answer)
- Establishing the structure of federal courts
- Regulating lobbying activities
Correct answer: Governing the process by which federal agencies create regulations
The Administrative Procedure Act of 1946 establishes the rules for how federal agencies propose, adopt, and challenge regulations and conduct administrative hearings.
Question 2: Where are proposed federal regulations first published for public comment?
- Congressional Record
- Federal Register (Correct answer)
- US Code
- Code of Federal Regulations
Correct answer: Federal Register
Proposed federal regulations are published in the Federal Register, which gives the public an opportunity to submit comments before rules are finalized.
Question 3: The Code of Federal Regulations (CFR) contains what type of information?
- All Acts of Congress
- Final rules and regulations issued by federal agencies (Correct answer)
- Supreme Court opinions
- Presidential executive orders only
Correct answer: Final rules and regulations issued by federal agencies
The CFR is the codification of all final rules and regulations published by federal agencies that have the force and effect of law.
Question 4: What is notice-and-comment rulemaking under the APA?
- Agencies notifying Congress before issuing rules
- Public process where agencies publish proposed rules and accept public input (Correct answer)
- Courts notifying agencies of unconstitutional rules
- President approving all major regulations
Correct answer: Public process where agencies publish proposed rules and accept public input
Notice-and-comment rulemaking requires agencies to publish proposed rules, accept public comments for at least 30 days, and consider those comments before finalizing rules.
Question 5: What authority does an independent regulatory agency have that makes it distinct?
- Can pass legislation directly
- Commissioners cannot be removed without cause by the President (Correct answer)
- Reports directly to Congress instead of the President
- Has no judicial review of its decisions
Correct answer: Commissioners cannot be removed without cause by the President
Independent regulatory agencies are headed by commissioners with fixed terms who can only be removed for cause, insulating them from direct presidential control.
Question 6: Which doctrine historically required courts to defer to an agency's reasonable interpretation of an ambiguous statute?
- Marbury Doctrine
- Chevron Deference (Correct answer)
- Non-delegation Doctrine
- Lemon Test
Correct answer: Chevron Deference
Chevron deference (from Chevron USA v. NRDC) directed courts to defer to agencies reasonable interpretations of ambiguous statutes they administer, a doctrine that operated for four decades.
Government and Civil Service Federal Administrative Law and Regulations 1
What is the Administrative Procedure Act (APA) primarily concerned with?