43: administrative law and regulatory agencies

Question 1

administrative law

Answer 1

substantive and procedural law that governs the operation of administrative agencies

Question 2

regulatory statutes

Answer 2

statutes such as environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties

Question 3

administrative agencies

Answer 3

agencies that the legislative and executive branches of federal and state governments establisg

Question 4

general government regulation

Answer 4

laws that regulate businesses and industries collectively; most of the industries and businesses in the US are subject to these laws (e.g., antidiscrimination laws)

Question 5

cabinet-level departments

Answer 5

highest-level federal departments that advise the president and are responsible for enforcing specfic laws enacted by congress

-dept of agriculture
-dept of commerce
-dept of defense
-dept of education
-dept of energy
-dept of health and human services
-dept of homeland security
-dept of housing and urban development
-dept of interior
-dept of justic
-dept of labor
-dept of state
-dept of transportation
-dept of treasury
-dept of veterans affairs

Question 6

homeland security act / HSA

Answer 6

a federal statute that created the cabinet-level US department of homeland security (DHS) and enacted laws to prevent domestic terrorist attacks and related criminal activities

Question 7

US department of homeland security / DHS

Answer 7

a federal cabinet-level department that enforces laws to prevent domestic terrorist attacks and related crinimal activities, reduce vulnerability to terrorist attacks, and assist in recovery in the event of a terrorist attack

Question 8

federal administrative agencies

Answer 8

administrative agencies that are created by the executive or legislative branch of federal governent

Question 9

state administrative agencies

Answer 9

administrative agencies that states create to enforce and interpret state law

Question 10

local administrative agencies

Answer 10

administrative agencies created by cities, municipalities, and counties to adminster local regulatory laws

Question 11

substantive administrative law

Answer 11

law that administrative agencies enforce

Question 12

procedural administrative law

Answer 12

law that establishes the procedures that must be followed by administrative agencies while enforcing substantive laws

Question 13

administrative procedure act / APA

Answer 13

a federal statute that establishes certain administrative procedures that federal admin agencies must follow in conducting their affairs

Question 14

administrative law judge / ALJ

Answer 14

a judge who presides over administrative proceedings and decides questions of law and fact concerning a case

Question 15

administrative order

Answer 15

a decision made by an admin law judge

Question 16

delegation doctrine

Answer 16

a doctrine that says when an admin agency is created, it is delegated certain powers; the agency can use only those legislative, judicial, and executive powers that are delegated to it

Question 17

substative rule

Answer 17

government regulation that has the force of law and must be adhered to by covered persons and businesses

Question 18

federal register

Answer 18

a public register in which federal admin agencies must public agency procedures, rules, regulations, interpretations, and other such info

Question 19

informal rulemaking

Answer 19

rulemaking by an admin agency where it notifies the public of a proposed rule, permits interested persons to comment on the proposed rule, and possibly holds an informal hearing before deciding on whether to adopt the proposed rule

Question 20

formal rulemaking

Answer 20

rulemaking by an admin agency that involves conducting a trial-like hearing at which parties may present evidence, engage in cross-examination, and present rebuttal evidence before the agency decides whether to adopt the proposed rule

Question 21

interpretive rule

Answer 21

a rule adopted by an admin agency that interprets existing statutory language

Question 22

statement of policy

Answer 22

a statement issued by an admin agency that announces a proposed course of action that an agency intends to follow in the future

Question 23

government license

Answer 23

a grant issued by an admin agency that permits a person to enter a certain type of business (e.g., banks, television and radio statios) or profession (e.g., doctors, lawyers, contractors)

Question 24

judicial authority

Answer 24

the power of an admin agency to adjudicate cases thru an admin proceeding often conducted by an ALJ

Question 25

procedural due process

Answer 25

a category of due process that requires that the government give a person proper notice and hearing of the legal action before that person in deprived of their life, liberty, or property

Question 26

executive power

Answer 26

the power of an admin agency to investigate and prosecute possible violations of statutes, admin rules, and admin orders

Question 27

administrative search

Answer 27

a search of businesses or other premises conducted by an admin agency

Question 28

administrative subpoena

Answer 28

a subpoena issued to an administrative agency to conduct a search of business or other premises

Question 29

fourth amendment

Answer 29

protects the right of the people to be free from unreasonable search and seizure (without reasonable cause) by the government

Question 30

judicial review of administrative agency actions

Answer 30

the power of federal ad state courts to review the actions of federal and state administrative agencies that are subject to theur jurisdiction

Question 31

petitioner

Answer 31

the party appealing the decision of an admin agency

Question 32

freedom of information act / FOIA

Answer 32

a federal statute that gives the public the ability to obtain access to most documents in the possession of federal admin agencies. some documents are protected from disclosure because of national security and other reasons

Question 33

government in the sunshine act

Answer 33

a federal statute that requires most federal admin agency meetings to be open to the public. there are some exceptions

Question 34

equal access to justice act

Answer 34

a federal statute that protects persons from harassment by federal admin agencies and provides monetary penalties

Question 35

privacy act

Answer 35

a federal statute that stipulates that federal admin agencies can only maintain info about an individual that is relevant and necessary to accomplish a legitimate agency purpose. the act permits persons to have access to their records and to correct info