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Administrative agency
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an authority of the government, other than a legislature or a court, created to administer a particular law
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Delegation of powers
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the constitutional right of Congress to authorize government agencies to perform certain legal entities
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Enabling statute
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gives an administrative agency to the right to enforce a statute
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Administrative law
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rules and regulations established by administrative agencies to execute the functions given them by Congress or the President; the law that governs how agencies must operate
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Administrative Procedures Act
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determines the primary structure of administrative law; enacted in 1946, the APA defines the procedural rules and formalities for federal agencies; an agency must abide by APA requirements, unless Congress specifically imposes different requirements on the agency.
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Rulemaking
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the procedures that agencies must follow when issuing rules to interpret or enforce the statutory authority they were granted by Congress
Begins with an agency
fed registry
Begins with an agency
fed registry
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Rule-making procedure
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Proposed rules are drafted by agency staff, reviewed internally, and approved by the head of the agency. After a new rule is approved and published in the Federal Register for public inspection, interested parties may submit comments about it. The public comment period is typically from 60-90 days after which the agency reviews the comments and finalizes the rule. Once an agency issues a final rule, it may be appealed to the agency itself, after which appeal is made to the U.S Court of Appeals. The appeals court ensures that the agency has not exceeded its authority or violated proper procedure.
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Chevron v. Natural Resources Defense Council
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Regulations
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Agency rule
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The whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy describing the organization, procedure, or practice requirements of an agency
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Substantive/legislative rules
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administrative regulations with the same force of law as statutes enacted by Congress
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Interpretive rules
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statements issued by administrative agencies that explain how the agency understands its statutory authority to operate; these may be advisory or binding
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Procedural rules
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detail an agency's structure and describes its method of operation and its internal practices; the process that an administrative agency must follow for its actions to be valid
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Self-reporting
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the requirement under many laws that that one subject to the law must volunteer certain matters, including violations, that have occurred to the relevant regulatory agency
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Subpoena
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a legal instrument that directs the person receiving info to appear at a specified time and place to testify or to produce documents.
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Adjudicatory hearing
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a formal process involving a regulatory agency and the private parties involved in a complaint; procedures are more informal than a court trial but protect due process rights
(see exhibit 17.3)
(see exhibit 17.3)
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Administrative law judge
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a person appointed to conduct and administrative hearing about a regulatory matter. Usually attorneys who work for the administrative agency serve this capacity. They run a trial-like proceeding and issue a decision in the matter based on the facts determined at the hearing.
an employee who gets this title and hears cases and can write decisions
an employee who gets this title and hears cases and can write decisions
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Judicial review
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Jurisdiction
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Reviewable
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Standing
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Ripeness doctorine
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Exhaustion doctorine
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Arbitrary and capricious
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Cost-benefit analysis
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requires agencies to weigh the costs and benefits of new regulations
When the costs exceed the benefits derived from a regulation, the regulation is more easily challenged for reasonableness. The same holds true for risk-assessment requirements that estimate the risk reduction achieved by regulations that affect health and safety.
When the costs exceed the benefits derived from a regulation, the regulation is more easily challenged for reasonableness. The same holds true for risk-assessment requirements that estimate the risk reduction achieved by regulations that affect health and safety.
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Data Quality Act
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requires agencies to ensure the quality of the analysis done to support regulations
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Freedom of Information Act
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the right you have as a citizen to write an agency and say "send me the documents". However, you can't get everything.
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Privacy Act
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gives citizens input about what information is collected about them and how that information is used.
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