question
Administrative Agency
answer
Given power and authority from congress.
question
Enabling Legislation
answer
Congress passes legislation to create an agency
question
Delegation of an Agency
answer
Congress delegates power by enabling statute
question
Administrative Law
answer
Legal rules that define structure of an agency
question
Types of administrative Rules
answer
Substantive, Interpretative, and procedural rules
question
Administrative Procedures Act
answer
Regulates how agencies develop and issue regulations
question
ALJ
answer
Administrative Law Judge
question
Administrative Law Judge
answer
Civil service employee who is usually an attorney
question
Substantive Rule
answer
Governs how people behave. Agencies must give public notice
question
Interpretive Law
answer
Clarifies and explains Substantive Rule
question
Procedural Rule
answer
Outlines method of agency operations. (Investigation, Enforcement, and Adjudicatory Review)
question
Rule Making in and Agency
answer
Rules are proposed by agency staff, interested parties may submit written comments to the agency (60-90 days), Agency reviews comments and finalizes rule.
question
How agencies enforce regulations
answer
Broad Investigative Powers, Subpoenas, prohibitions, limitations, penalties, fines, destruction, withholding property
question
Chevron Case
answer
NRDC challenged the EPA's "bubble rule". HELD: regulation is appropriate. Unless agency decisions contradict their own statue, regulations will be given deference
question
Formal Agency Procedures
answer
Adjudicatory hearings
question
Informal Agency Procedures
answer
Tests, inspections, permits, negotiations, advice, settlements
question
arbitrary and capricious standard
answer
The broad judicial benchmark used to determine whether an agency's actions were a result of a reasoned decision-making process. (unless agency decision is contradictory to statute, regulation is given deference)
question
Freedom of Information Act (FOIA)
answer
Grants citizens the right to access certain information and records of federal, state, and local governments upon request
question
Government in the Sunshine Act
answer
A federal act that opens most federal administrative agency meetings to the public.
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
