Chapter Nineteen Flashcards Preview

Law > Chapter Nineteen > Flashcards

Flashcards in Chapter Nineteen Deck (32):
1

Enabling Legislation

A statute enacted by Congress that authorizes the creation of an adminstrative agency and specifies the name, composition, and powers of the agency being created

2

Legislative rule

An adminstrative agency rule that carries the same weight as a congressionally enacted statute

3

interpretive rule

an adminstrative agency rule that is simply a statement or opinion issued by the agency explaining how it intreprets and intends to apply the statutes it enforces. Such rules are not binding on private individuals or organizations

4

Delegation doctrine

A doctrine based on article I, section 8, of the US constitution, which has been construed to allow congress to delegate some of its power to adminstrative agencies to make and implement laws

5

Bureaucracy

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.

6

Rule making

the actions undertaken by adminstrative agencies when formally adopting new regulations or amending old ones. Under the administrative procedure act, rulemaking includes notifying the public of propsed rules or changes and receveing and considering the pbulic's comments.

7

notice- and- comment rule making

a procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.

8

Adjudication

The act of rendering a judicial decision. in an adminstrative process, the procceding in which an adminstrative law judge hears and decides issues that arise when an adminstrative agency charges a person or a firm with violating a law or regulation enforced by the agency.

9

Adminstrative law judge (ALJ)

One who presides over an adminstrative agency hearing and ahs the power to adminster oaths, take testimony, rule on question of evidence, and make determinations of fact. q

10

Initial order

in the context of adminstrative law, an agency's diposition in a matter other than a rulemaking. An adminstrative Law Judge's initial order becomes final unless it is appealed

11

Final order

the final decision of an adminstrative agency on an issue. if no appeal is taken, or if the case is not reviewed or considered a new by the agency commission, the adminstrative law judge's intial order becomes the final order of the agency.

12

Administrative Law

Legal rules that define the authority and structure of adminstrative agencies create "the detailed rules and regulations necessary to carryout the statute."

13

Enabling Statute

A law passed by congress (or by a state legislature) that creates an administrative agency; federal administrative agencies may exercise only those powers that congress had delegated to them in enabling legislation.

14

formal rulemaking

1. may be required by enabling legislation 2. publish in federal register 3. formal hearing for comment process.

15

administrative Formal rulemaking notes

rulemaking-on record (public hearing

16

adminstrative infromal rulemaking

notice and comment

17

how do adminstrative rules get made

administrative procedures act (APA) dictates process to be followed depending on the type of agency rules.

18

Limits on agency power

-legislative control
-executive control
-judicial control
-public accountability

19

Limits on agency power legislative control

-the enabling legislation that created the agency places controls on it through requirements and restritctions
-congress controls the budgets of agencies. They can eliminate funding for any program or an entire agency; the "freezing" of regulations" before the regulations take effect"
-congress can amend enabling legislation to place limits

20

Limits on agency power: execuitive control

-the president has control over agencies through poitical pressure through nominations of agency heads.

21

Limits on agency power: judicial controls

-judicial review of final agency actions/after exhaustion of adminstrative remedies

22

Limits on agency power: public accountability

-The freedom of information act (FOIA)
-Government-in-the-sunshine act (Open law meetings)
-Regulatory flexibility act
-Small business regulatory enforcement fairness act

23

Powers of agencies: procedures for ajudication

-a hearing before an adminstrative law judge (ALJ)
-parties have counsel, but there is no jury
- judge (ALJ) makes initial ruling on testimony and evidence

24

Power of agencies: if parties are unhappy with ALJ order

-loser may appeal to agency's governing board
-governing board may make a de novo decision, and ignore the ALJ's decision- final agency order
-appeals go to federal court.

25

Powers of Agencies: Investigation

-Voluntary
-Subpoena
-Search and seizure
-most require a warrent before search

26

Voluntary

some businesses freely give information and readily comply with agency recommendations

27

subpoena

an order to appear at a hearing and produce evidence, sometimes documents

28

subpoena also

-must be relevant to the investigation and under the agency's jurisdiction, or area of authority
-must not be unreasonably burdensome on business
-Must not be privileged

29

Search and seizure

a legal search of a business

30

Most require a warrant before the search

some industries are highly regulated and may be searched at any time, with no warning. (eg mining industry, firearms, liquor sales, ect)

31

Creating an adminstrative agency

adminstrative agencies are created to establish expertise and to exercise supervision over special problems about which congress is concerned; agencies exercies powers that are normally divided among the three branches of government.

32

Congress delegatges powers to the agency

Delegation doctrine through an enabling statute which specifies the name, composition, purpose, fuction, and powers of the agency being created