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Administrative Law Flashcards

1
Q

Administrative agencies have become so important that they’re often called the

A

fourth branch of the government.

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2
Q

The federal government’s ability to create administrative agencies is

A

implied in the Constitution.

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3
Q

There are more than ________ federal administrative agencies.

A

100

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4
Q

___________________ established notice and hearing requirements; established rules for conduction agency adjudicative actions, and established procedures for rule making.

A

Administrative Procedures Act

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5
Q

Many agencies have the authority to issue substantive rules. The have ___________ powers.

A

legistlative

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6
Q

These legislative rules have the ____________________ and the people/entities covered by the agency must abide by the administrative rules and regulations.

A

force of law

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7
Q

Safe level for golden raisins

A

35 fly eggs/8oz

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8
Q

safe contaminant level for popcorn

A

2 rodent hairs per lb

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9
Q

safe contaminant level for peanuts

A

20 insects per 100lbs

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10
Q

safe contaminant level for can of mushrooms

A

20 maggots/3 oz

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11
Q

safe contaminant level for tomato juice

A

10 fly eggs/3 oz

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12
Q

35 fly eggs/8 oz

A

safe contaminant level for golden raisins

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13
Q

2 rodent hairs per lb

A

safe contaminant level for popcorn

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14
Q

20 insects per 100lbs

A

safe contaminant level for peanuts

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15
Q

20 maggots 3/ oz

A

safe contaminant level for can of mushrooms

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16
Q

10 fly eggs/3 oz

A

safe contaminant level for tomato juice

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17
Q

golden raisins safe contaminant level

A

35 fly eggs/8 oz

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18
Q

popcorn safe contaminant level

A

2 rodent hairs per lb

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19
Q

peanuts safe contaminant level

A

20 insects per 100 lbs

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20
Q

can mushrooms safe contaminant level

A

20 maggots /3 oz

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21
Q

tomato juice safe contaminant level

A

10 fly eggs/3 oz

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22
Q 
Safe contaminant levels:
Golden Raisins:
Popcorn:
Peanuts:
Can Mushrooms:
Tomato Juice:
A 
Golden Raisins: 35 fly eggs/8oz
Popcorn: 2 rodent hairs per lb
Peanuts:  20 insects per 100 lbs
Can mushrooms:  20 maggots/3 oz
Tomato juice:  10 fly eggs/3oz
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23
Q

Statutes often require the issuance of a ____________________ before a person can enter certain industries (like banks, tv stations, airlines) or professions (physicians, lawyers, CPAs).

A

government license

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24
Q

Most administrative agencies have the power to _____________________________ in regards to statutes that require the issuance of a government license before a person can enter a certain industry.

A

whether to grant licenses to applicants

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25
Q

Name two executive powers of administrative agencies

A

administrative subpoena that directs the subject to disclose info.
-Administrative searches - physical inspections of businesses.

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26
Q

Administrative subpoena

Administrative searches

A

2 executive powers of administrative agencies

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27
Q

ALJ

A

Administrative Law Judge

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28
Q

Judicial Powers

A
  1. must provide procedural due process that gives respondents proper notice of allegations and a chance to present evidence
  2. must provide substantive due process that clearly states the statute or rule that the respondent is charged with violating
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29
Q

2 Judicial Powers of administrative agencies

A
  1. procedural due process

2. substantive due process

30
Q

What kind of judge presides over administrative proceedings and decides questions of law and fact concerning the case with no jury?

A

Administrative Law Judges

31
Q

At an administrative proceeding with an ALJ, how many members of the jury are there?

32
Q

ALJ decisions are issued in the form of an _________ that states the _______________.

A
  • order

- reason for the decision

33
Q

ALJ’s decide ________________________ in administrative hearings.

A

questions of law and fact

34
Q

Judicial Review of Agency Actions

A
  1. Case must be ripe.
  2. Administrative exhaustion
  3. Final Order Rule - the decision of the agency must be final before judicial review is sought.
35
Q

The decision of the agency must be final before judicial review is sought.

A

Final Order Rule

36
Q

case is ripe =

A

currently in dispute

37
Q

FOIA

A

Freedom of Information Act

38
Q

_________________requires agencies to publish agency procedures, rules, regs, interpretations in the federal register.

A

Freedom of Information Act

39
Q

Public disclosure of agency actions

A

publish agency procedures, rules, regs, interpretations in the federal register as required by the FOIA

40
Q

Government in the Sunshine Act

A

opens certain federal agency meetings to the public

41
Q

______________________ law opens certain federal agency meetings to the public.

A

Government in the Sunshine Act

42
Q

Equal Access to Justice Act

A

protects persons from harassment by federal administrative agencies.

43
Q

_____________________ law protects persons from harassment by federal administrative agencies.

A

Equal Access to Justice Act

44
Q

A joint project of two agencies (FCC and FTC)

A

Do-Not-Call Registry

45
Q

First largest governmental agency

A

Department of Defense

46
Q

Second largest governmental agency

A

Department of Homeland Security

47
Q

What law placed 22 existing federal agencies with nearly 200,000 employees under the second largest governmental agency named ______________.

A
  • The Homeland Security Act of 2002

- Department of Homeland Security

48
Q

FDA

A

Food and Drug Administration

49
Q

How many drugs did the FDA test last year?

A

0 The FDA does not test drugs.

50
Q

What agency provides the basis for the regulation of testing, manufacturing, distribution, and sale of foods, drugs, cosmetics, and medicinal products.

A

Food and Drug Administration

51
Q

Food laws are suppose to (3 things)

A
  1. Ensure the wholesomeness of food;
  2. Encourage accuracy in labeling and packaging; and
  3. Prevent injury to health.
52
Q

Golden raisins safe level

A

35 fly eggs/8 oz

53
Q

Popcorn safe level

A

2 rodent hairs per lb

54
Q

Peanuts safe level

A

20 insects per 100 lbs

55
Q

can of mushrooms safe level

A

20 maggots/3 oz

56
Q

tomato juice safe level

A

10 fly eggs/3 oz

57
Q

_______________ is defined as substances & preparations for cleansing, altering the appearance of, and promoting the attractiveness of a person.

A

Regulation of cosmetics

58
Q

____________________________- FDA can regulate medical devices like heart pacemakers, dialysis machines, defibrillators, surgical equipment, and other diagnostic, therapeutic, and health devices.

A

Regulation of medical devices

59
Q

EEOC

A

Equal Employment Opportunity Commission

60
Q

EEOC is responsible for ______________________________________.

A

enforcing federal employment discrimination laws.

61
Q

What administrative agency is responsible for enforcing federal employment discrimination laws?

A

Equal Employment Opportunity Commission

62
Q

Who interprets enforces CPSA: safety tests consumer products; collects data re injuries caused by products; can require recalls; can seize hazardous products; & seek civil & criminal penalties?

A

Consumer Product Safety Commission

63
Q

CPSA

A
  1. Community Partnership of Southern Arizona
  2. Colored Pencil Society of America
  3. Canadian Professional Sales Association
  4. Consumer Product Safety Act
    Only remember 4.
64
Q

___________________________-enforces the Federal Trade Commission Act to prohibit unfair and deceptive trade practices.

A

Federal Trade Commission (FTC)

65
Q

What law prohibits unfair and deceptive trade practices?

A

Federal Trade Commission Act

66
Q

Who regulates labor union formation, elections, bargaining with employees, and other labor matters?

A

National Labor Relations Board

67
Q

Who regulates radio, television, cable, and other broadcast media?

A

Federal Communications Commission (FCC)

68
Q

Who regulates the issuance, sale, and purchase of securities, including stocks and bonds?

A

Securities Exchange Commission (SEC)

69
Q

Who is responsible for enforcing federal environmental protection laws?

A

Environmental Protection Agency

70
Q

Name some environmental protection laws.

A 
Clean Air Act
Clean Water Act
Toxic Substances Control Act
Resource Conservation and Recovery Act
Endangered Species Act
71
Q

Administrative regulations are developed by

A

enabling statutes.

72
Q

Code of Federal Regulations

Paralegal 2 (9 decks)

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