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Administrative Law
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the type of law that is established by Congress and administered by the executive branch of govern mentor Article II of the Constitution
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Administrative agencies
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(more than 400) government entities that have the authority to affect the rights of business and private parties through their operation and rules and regulations
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Operation of administrative agencies
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number one job is to make "rules and regulations"1. they make rules 2. they enforce rules 3. they adjudicate controversies concerning the rules
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The Number 1 Function of an Administrative Agency
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Rulemaking-process by which an administrative agency promulgates rules of law under the APA.
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Agencies make 3 different types of rules under the Administrative Procedures Act(APA)
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True
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Legislative function
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make rules 3 ways federal agency rules are made under APA:
1. Informally
2. Formally
3. Hybrid
1. Informally
2. Formally
3. Hybrid
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Executive function
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enforce the rules they make - Also have the right to issue, suspend, and revoke license. Ability to subpoena, enforce, warrantless searches and seizures. Subpoena Power (Subpoena deuces tecum)-agency order that compels you to testify and bring all books and records that go along with that testimony.
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Judicial function
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can put you on trial in a judicial process with one of their administrative law judges, who will decide if you violated the rule or not.
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The 6 important restrictions on federal (and state) governmental agencies
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1. Appointment
2. Budget
3. Judicial Review
4. Freedom of Information Act
5. Government in the Sunshine Act
6. APA
2. Budget
3. Judicial Review
4. Freedom of Information Act
5. Government in the Sunshine Act
6. APA
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3 ways federal agency rules are made:
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1. Informally
2. Formally
3. Hybrid
2. Formally
3. Hybrid
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