Ch. 5 Administrative Law

Question 0

What are the 3 basic Functions of Administrative Agencies?

Answer 0

1. ) Rulemaking
2. ) Enforcement
3. ) Adjudication of controversies

Question 1

Administrative Agencies

Answer 1

Government entities– other than courts and legislatures– that have the authority to affect the rights of private parties through their operations

• Regulate important matters involving national, safety, welfare, & convenience

Question 2

Administrative Process

Answer 2

The set of activities in which administrative agencies engage while carrying out their 3 basic functions

Question 3

Rulemaking

Answer 3

The process by which an administrative agency enacts or promulgates rules of law

Question 4

What are the 3 Types of Rulemaking?

Answer 4

1. ) Informal
2. ) Formal
3. ) Hybrid

Question 6

Rule

Answer 6

The whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or process law or policy

Question 8

Legislative Rules

Answer 8

Agency-issued rules having the ability, under a legislative delegation of power, to make rules having the force and effect of law

Question 9

Formal Rulemaking

Answer 9

Rules issued by an agency having the ability, under a legislative delegation of power, to make rules having the force & effect of law

• Subject to APA

Question 10

Before you can go to court…

Answer 10

You have to go through every step of the administrative agencies.

Question 11

Informal Rulemaking

Answer 11

Procedures of the APA which require the agency to provide.

1. ) Prior notice of a proposed rule, usually by publication in the Federal Register
2. ) An opportunity for interested parties to participate in the rulemaking
3. ) Publication of a final draft containing a concise general statement of the rule’s basis & purpose at least 30 days before its effective date

Question 12

What are the 3 Types of Rules?

Answer 12

1. ) Legislative
2. ) Interpretative
3. ) Procedural

Question 13

Hybrid Rulemaking

Answer 13

An intermediate procedure that is more formal than informal rulemaking, but don’t require the full hearing that formal rulemaking requires

Question 13

What 3 things do the APA require that the Informal Rulemaking procedures provide?

Answer 13

1. ) Prior notice of a proposed rule, usually by publication in the Federal Register
2. ) An opportunity for interested parties to participate in the rulemaking
3. ) Publication of a final draft containing a concise general statement of the rule’s basis & purpose at least 30 days before its effective date

Question 14

Interpretative Rules

Answer 14

Agency-issued statements that explain how the agency construes its governing statute

• Exempt from APA

Question 15

Procedural Rules

Answer 15

Establish rules of conduct for practice before an agency, identify an agency’s organization, and describe its method of operation

• Exempt from APA

Question 16

Agencies are subject to what 4 limitations?

Answer 16

1. ) The investigation is authorized by law and undertaken for a legitimate purpose.
2. ) The information sought is relevant.
3. ) The demand for information is sufficiently specific and not unreasonably burdensome.
4. ) The information sought is not privileged.

Question 17

Adjudication

Answer 17

The formal procedure by which an agency resolves a matter; involves finding facts, applying legal rules to the facts, & formulating Orders

Question 18

Order

Answer 18

The whole or part of a final disposition, whether affirmative, negative, injunctive, or declaratory, of an agency

Question 19

Standing

Answer 19

Requires that the agency action injure the party in fact and that the party assert an interest that is in the “zone of interests”

Question 20

What 2 things do parties seeking to challenge agency action need to have?

Answer 20

1. ) Must have Standing

2. ) Must have exhausted their administrative remedies

Question 21

When conducting a review of questions of law, what 4 things does the court need to determine the agency has done?

Answer 21

1. ) Exceeded its authority
2. ) Properly interpreted the applicable law
3. ) Violated any constitutional provision
4. ) Acted contrary to the procedural requirements of the law

Question 22

Arbitrary & Capricious Test

Answer 22

Requires only that the agency has a rational basis for reaching its decision

• Applies to informal rulemaking or informal adjudication

Question 23

Substantial Evidence Test

Answer 23

Requires the conclusions reached to be supported by “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion”

• Applies to formal hearings
• Applies to informal or hybrid rulemaking if the enabling statute so requires

Question 24

Unwarranted by the Facts standard

Answer 24

Permits the court to try the facts de novo

• Rarely applies
• Only available when the enabling statute so provides, when the agency used inadequate fact-finding procedures, or when irrelevant issues are raised in a proceeding to enforce nonadjudicative agency action

Question 25

Freedom of Information Act (FOIA)

Answer 25

Enacted in 1966; gives the public access to most records in the files of federal administrative agencies

Question 26

Privacy Act

Answer 26

Protects certain government records pertaining to individuals that a federal agency maintains & retrieves by an individual’s name or other personal identifier

Question 27

Government in the Sunshine Act

Answer 27

Requires meetings of many federal agencies to be open to the public