Administrative Agencies

Question 1

Who creates administrative agencies?

Answer 1

Congress

Question 2

What do administrative agencies do?

Answer 2

creates the detailed rules and regulations necessary to carry out the statute

Question 3

What are the three functions that make up the administrative process?

Answer 3

Administrator - enforcing laws

Quasi-Legislative - passing laws

Quasi-Judicial - resolving disputes

Question 4

What kinds of rules can quasi-legislature make?

Answer 4

legislative rules/substantive rules that are LEGALLY BINDING

interpretive rules which declare policies and don’t affect legal rights or obligations

Question 5

Who appoints administrators?

Answer 5

The President

Question 6

Who hears quasi-judicial or administrative agency hearings?

Answer 6

• administrative law judges
• hearing officers
• trial examiners

Question 7

Do quasi-judicial hearings make final decisions or recommend to the agency a decision?

Answer 7

recommend to the agency a decision

Question 8

Is hearsay admissible in quasi-judicial court?

Answer 8

yes but not in normal court

Question 9

Where do quasi-judicial hearings appeal to?

Answer 9

common pleas court

Question 10

What is the exhaustion doctrine?

Answer 10

In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.

Question 11

What is adjudication?

Answer 11

The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding

Question 12

When making rules, the administrative agencies must use the “notice-and-comment rulemaking”. What are the 3 steps?

Answer 12

1. notice of the proposed rulemaking
2. a comment period
3. the final rule

Question 13

What is the difference between executive agencies and independent regulatory agencies?

Answer 13

executive agencies are appointed and managed by the president; independent regulatory agencies are outside the federal executive departments and the president’s power is less pronounced

Question 14

What are the 9 ways to appeal the decision of an administrative agency?

Answer 14

1. fraud
2. abusive discretion
3. bad faith
4. no substantial evidence
5. international wrongdoing
6. arbitrary/capricious
7. malice/bribery/prejudice
8. unreasonableness
9. unconstitutionality

Question 15

What can you argue if you try to appeal using a basis of unconstitutionality?

Answer 15

you can argue that enabling acts OR regulations are unconstitutional

Question 16

Thalidomide

Answer 16

morning sickness drug that was approved by the FDA only to resort to deformed babies

Question 17

Laetrile

Answer 17

anti-cancer drug that FDA fought against and US Supreme Court deemed illegal

Question 18

Aspartame

Answer 18

NutraSweet which FDA fought but republican president made legal because of economic opportunity

Question 19

Dimethyl Sulfoxide

Answer 19

immense pain helper that FDA made illegal