Chapter 4 Flashcards
(17 cards)
What is administrative law?
The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.
What is administrative agency?
Any government body created by the legislative branch (e.g., Congress, a state legislature, or a city council) to carry out specific duties.
What is is interstate commerce comission (ICC)?
The first federal administrative agency; created to regulate the anticompetitive conduct of railroads.
What is enabling legislation?
A statute that specifies the name, functions, and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience, and necessity.
What is procedural rules?
Procedural rules- rules regarding the internal operations of an agency.
What are interpretive rules?
rules that explain how the agency views the meanings of statues for which the agency has administrative responsibility.
What are legislative rules?
policy expressions that have the effect of law
What is a subpoena?
An order to appear at a particular time and place and provide testimony.
What is a subpeona duces tecum?
An order to appear and bring specified documents
What is an administrative law judge (ALJ)?
A judge who presides over an administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision.
What is a consent order?
A statement in which a company agrees to stop disputed behavior but does not admit that it broke the law.
What is an order?
A binding decision rendered by a judge
What is an executive agency?
An agency that is typically located within the executive branch, under one of the cabinet-level departments. The agency head is appointed by the president with the advice and consent of the Senate.
What is an independent agency?
An agency that is typically not located within a government department. It is governed by a board of commissioners, who are appointed by the president with the advice and consent of the Senate.
What is a hybrid agency?
An agency that has characteristics of both executive and independent agencies.
What is substantial evidence?
Refers to evidence that a reasonable mind could accept as adequate to support a conclusion. It is defined as “more than a scintilla but less than preponderance” and consists of “such relevant evidence as a reasonable person would accept as adequate to support a conclusion.”
What is the freedom of information act (FOIA)?
Federal legislation that mandates and facilitates public access to government information and records, including records about oneself. Sensitive information (e.g., on national security) is excluded.
