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Enabling Legislation
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A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
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Executive
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exist within the cabinet dept of the executive branch
ex: the Food and Drug Administration is within the U.S. Department of Health and Human Services
ex: the Food and Drug Administration is within the U.S. Department of Health and Human Services
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Independent
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outside the cabinet dept and include the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Communications Commission
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Administrative Procedures Act
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sets forth rules and regulations that govern the procedures administrative agencies follow in performing their duties
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Rulemaking
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The process by which an administrative agency formally adopts a new regulation or amends an old one.
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Adjudication
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A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.
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Notice, Comment, Final Rule-Binding
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an administrative rulemaking procedure that requires notice, opportunity for comment, and a published draft of the final rule
three basic steps:
1. notice of the proposed rulemaking
2. a comment period
3. the final rule
three basic steps:
1. notice of the proposed rulemaking
2. a comment period
3. the final rule
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Inspect, Test
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used to gather information in conducting investigations
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Subpoena
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a writ ordering a person to attend a court.
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Ad testificandum
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for testifying - subpoena to appear in court and testify
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Duces tecum
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to bring with you, compels an individual or organization to hand over books, papers, records, or documents to the agency
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Search Warrants
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an order directing law enforcement officials to search a specific place for a specific item and seize it for the agency
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Initial Order
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An agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed.
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Final Order
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The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
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Freedom of Information Act
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requires the federal government to disclose certain records to any person on request, even if no reason is given for the request
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Government in Sunshine Act
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Open meeting law
Requires that "every portion of every meeting of an agency" be open to "public observation"
Requires that "every portion of every meeting of an agency" be open to "public observation"
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Regulatory Flexibility Act
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Whenever a new regulation will have a significant impact upon a substantial number of small entities, the agency must conduct a regulatory flexibility analysis.