Chapter 44

Question 1

Administrative Law

Answer 1

consists of the substantive and procedural rules created by these bodies. It governs applications, licenses, available information, hearings, appeals and decision making.

Question 2

Administrative Agency

Answer 2

a governmental body responsible for the control and supervision of a particular activity of area of public interest.

Question 3

First federal administrative agency was the _________ created by Congress to better control anticompetitive railroad business.

Answer 3

Interstate Commerce Commission (ICC)

Question 4

Administrative agencies are created by _______ through passage of _____ which is the statute that specifies the _________ powers of the new agency.

Answer 4

Congress, enabling legislation, name, functions and specific

Question 5

Administrative Law Judge

Answer 5

Presides over administrative hearing; may attempt to encourage parties to settle, but has power to enter binding decision

Question 6

Enabling statutes grant agencies what broad powers in serving.

Answer 6

Rule making, investigation and adjudication

Question 7

Rule-making

Answer 7

3 kinds

1. Procedural
2. Interpretive
3. Legislative

Question 8

Procedural rule making

Answer 8

govern the internal operations of the agency

Question 9

Interpretive rule making

Answer 9

explain how the agency views the meaning of the statutes for which it has administrative responsibility

Question 10

legislative rule making

Answer 10

policy expressions that have the effect of law

Question 11

subpoena duces tecum

Answer 11

an order to appear and bring specified documents

Question 12

adjudication

Answer 12

1. Agency will hold an administrative hearing before an ALJ
2. ALJ will convince parties to reach settlement via consent order, has authority to render an order
3. Administrative law matters are only heard by the ALJ; there is no right to trial in administrative agencies

Question 13

Different Types of Administrative Agencies

Answer 13

1. Executive Administrative Agency
2. Independent Agency
3. Hybrid Agency

Question 14

Executive Agency

Answer 14

• Generally within executive branch of government under a “cabinet-level” department
• AKA “cabinet-level” agency

examples: Federal Aviation Agency (FAA), Food & Drug Administration (FDA)

Question 15

Interdependent Agency

Answer 15

Governed by board of commissioners appointed by president, with “advice and consent” of US Senate

examples: Federal Trade Commission (FTC), Securities and Exchange Commission (SEC)

Question 16

Hybrid Agency

Answer 16

Characteristics of an executive and independent agency

example: Environmental Protective Agency (EPA)

Question 17

Informal Rule Making is the _____ type used by administrative agencies.

Answer 17

primary

Question 18

informal rule making

Answer 18

1. Agency initiates informal rule by publishing proposed rule in Federal Register, with explanation of the legal authority for using and description of rule-making process
2. Agency has the discretion to receive oral testimony if it wishes
3. Publishes final rule, with statement of its basis and purpose in Federal Register. Publication includes date which rule becomes effective, at least 30 days of publication.

Question 19

formal rule making

Answer 19

1. agency initiates informal rule by publishing proposed rule in Federal Register with explanation of the legal authority for using and description of rule-making process.
2. public hearing at which witnesses given testimony on pros, cons; subject to cross-examination
3. On basis of findings, agency may/may not promulgate a regulation. If adopted, final rule is published in Federal Register.

Question 20

Functions of Administrative Agencies

Answer 20

1. Regulating Conduct
2. Fulfill Government Requirements
3. Disbursing Benefits
4. Providing goods/services

Question 21

Regulating Conduct

Answer 21

Agencies regulate economic matters. Examples: price or entry into a particular kind of business

Question 22

Fulfill Government Requirements

Answer 22

Administrative Agencies exist at all level of government. At the federal level, the IRS collects taxes needed to operate our federal government.q

Question 23

Disbursing benefits

Answer 23

There are many government agencies whose primary responsibility is to disburse benefits to a certain group of people. (Ex: farmers, elderly, individuals who are unemployed)

Question 24

Providing goods/services

Answer 24

our country is a capitalist nation; however, some essential services are not provided by the private sector. Instead, some governments provide goods, services like electricity, water, highway maintenance and hospital care.

Question 25

Act that puts limitations on how agencies are run

Answer 25

Administrative Procedures Act (1946)

Question 26

Regulated Negotiation (reg-neg)

Answer 26

Exceedingly high number of challenges to regulations, as well as a growing belief that structured bargaining among competing interest groups might be the most efficient way to develop rules has stimulated interest among a number of agencies in a relatively new form of rule making called reg-neg.

Question 27

4 Types of Agency Powers

Answer 27

1. Political 2. Statutory 3. Judicial 4. Informational

Question 28

Political Agency Powers

Answer 28

The Senate Must approve nominees for agency heads, and Congress has power over agencies' budgets.

Question 29

Statutory Agency Powers

Answer 29

Congress may create or eliminate agencies and amend enabling legislation; Congress reviews and may override agency rules

Question 30

Judicial Agency Powers

Answer 30

Interested parties may challenge administrative rules in the courts, which may review the agency's findings of facts, its interpretation of the rule, and the scope of the agency's power in making the rule.

Question 31

Informational Agency Powers

Answer 31

The Freedom of Information Act, Government in Sunshine Act and Privacy Act of 1974 specify agencies' responsibilities regarding public access to information.

Question 32

Freedom of Information Act (FOIA)

Answer 32

1966 Requires that federal agencies publish in the Federal Register places where the public can obtain information from them. All federal government agencies must publish records electronically.

Question 33

Government in Sunshine Act

Answer 33

Requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. collegiate body consists of 2+ persons, majority of whom are appointed by the president

Question 34

Privacy Act (1974)

Answer 34

A federal agency may not disclose information about an individual to other agencies or organizations without individual's written consent.

Question 35

subpoena

Answer 35

order requiring the recipient to appear at a legal proceeding to provide testimony

Question 36

administrative hearing

Answer 36

a trial-like judicial proceeding without a jury in which ad administrative agency rules on matters of the law that the agency is charged with enforcing

Question 37

Administrative Agency v. Government Executive

Answer 37

daily operations; the establishment of general policy and objectives vs voters have the opportunity to vote the executive into and out of office

Question 38

Administrative Agency v. Government Legislative

Answer 38

Rules and regulations are like laws passed by the legislature and have the force of law vs Rules and regulations are established by the agency not the elected representatives

Question 39

Administrative Agency v. Government Judicial

Answer 39

Hold hearings and requiring compliance with its decisions are like decisions made in regular court of law vs hearings conducted by an administrative agency do not have a jury and the procedures are not as formal when compared to a regular court hearing

Question 40

Administrative agencies have been ____ by the enterprises they were created to regulate. Because of the ______ benefits or burdens that administrative agencies can bestow on a firm or an industry, those regulated have a ________ to secure favorable rulings. The need for specialized expertise in a given area can usually come _______.

Answer 40

captured economic, powerful incentive only from the industry being regulated

Question 41

Exemptions to FOIA

Answer 41

1. National Security 2. Internal Agency Matters (Ex: Personnel Issues) 3. Criminal investigations 4. Financial institutions 5. Individual's private life