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Exam 8: Formal Adjudications

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Question 21

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Interrogatories may include questions asking for both narrative and short factual answers.

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Question 22

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The Legal Residuum Rule states that:

A) evidence that courts view as incompetent may be used in an administrative hearing and may support the agency’s decision, but may not be the sole support of the decision
B) evidence that courts view as incompetent may be used in an administrative hearing and may be the sole support of the decision
C) evidence that courts view as incompetent may not be used in an administrative hearing for any purpose
D) evidence that courts view as incompetent may be used in an administrative hearing by a person or organization in support of their case, but may not be used by the agency or the government against the person or organization

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Question 23

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The APA encourages agencies to use alternative dispute resolution.

Appeals of ALJ decisions are conducted by agency heads sua sponte.

Which of the following is not a measure taken to assure ALJ independence?

There is no findings requirement for ____adjudications (hearings).

Matching: -Matching:Match the form of discovery in Column 1 to the definition in Column 2.

The physician-patient privilege allows a patient to object to a doctor testifying as toprivate information regarding the patient and allows the physician to object to the patienttestifying as to private information regarding the physician.

The process in which a nonparty to a case claims an interest in the outcome andbecomes a party is called:

When a presiding officer accepts a fact as true,without supporting evidence,becausethat fact is commonly known to be true by average persons and experts in the field,this iscalled:

Administrative law judges are selected from a list of qualified applicants prepared by the Office of _____ Management,creating a corps of merit-appointed judges.

The concept of separation of functions does not apply to:

If an individual's case is not heard by an agency because the individual missed theagency's filing deadlines,the doctrine of exhaustion of remedies may preclude judicialreview.

The most common form of ALJ opinions is:

Amanda is a cab driver.Her taxi license will expire at midnight on August 8.Theapplicable law requires that she apply for continuation of the license at least 30 days prior to expiration and that a decision regarding continuation or denial must be made in a timely fashion.Her application was made in a timely manner.It is now August 9 and she has not heard from the licensing board.

The APA requires that parties be _____ informed of the time,place,and nature of the hearing.

Under the ___ Act,a federal statute governing discovery used by those charged by an agency,attorneys who are performing prosecutorial functions for the government must disclose prior statements of government witnesses after those witnesses have testified.

The rule of necessity states that an agency may render a final binding decision orallywhen a time-sensitive issue is being decided.

Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.

The APA's position on the right to counsel is best characterized by which of thefollowing?