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Administrative Law
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The body of law created by administrative agencies in order to carry out their duties and responsibilities
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Administrative Agency
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A federal or state government agency established to perform a specific function
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Regulatory Agency
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Federal Trade Commissions
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Executive Agency
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Agencies subject to the authority of the president, who has the bower to appoint and remove officers of federal agencies
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Congress creates administrative agencies
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LO: 1
How are federal administrative agencies created?
How are federal administrative agencies created?
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Enabling Legislation
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A statute enacted by Congress that authorized the creation of an administrative agency and specifies the name, composition, and powers of the agency being created
- Congress creates federal administrative agencies through this
- Congress creates federal administrative agencies through this
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Legislative Rule
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An administrative agency rule that carries the same weight as congressionally enacted statute
Power - Legally binding
Power - Legally binding
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Interpretive Rule
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An administrative agency rule that explains how the agency interprets and intend to apply the statutes it enforces
Power - Not legally binding
Power - Not legally binding
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Procedural Rule
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...
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Delegation Doctrine
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A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws
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Enabling Legislation (how)
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How agencies are created
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Types and functions of administrative rules
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...
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Federal Register
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...
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Administrative Procedures Act
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...
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Adjudicatory Hearing and Appeal
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...
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Substantive Rule
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...
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Bureaucracy
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The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws
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Executive Controls
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President has veto power and can appoint officers
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The three branches of government exercise certain controls over agency powers and functions, as discussed next, but in many ways administrative agencies function independently. For this reason, administrative agencies, which constitute the bureaucracy, are sometimes referred to as the fourth branch of the U.S. government
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LO: 2
How do the three branches of government limit the power of administrative agencies?
How do the three branches of government limit the power of administrative agencies?
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Exhaustion Doctrine
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"The party seeking court review must first exhaust all administrative remedies under .."
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Arbitrary and Capricious Test
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Gives courts power to hold agencies actions "Arbitrary and Capricious" if they are not in compliance with Constitutional Due Process
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Arbitrary and Capricious Test
(consists of)
(consists of)
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1. Failed to provide a rational explananiton for its decision
2. Changed its prior policy without justification
3. Considered legally inappropriate factors
4. Failed to consider a relevant factor
5. Rendered a decision plainly contrary to the evidence
2. Changed its prior policy without justification
3. Considered legally inappropriate factors
4. Failed to consider a relevant factor
5. Rendered a decision plainly contrary to the evidence
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Rulemaking, enforcement, and adjudication
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LO: 3
What are the tree basic functions of most administrative agencies?
What are the tree basic functions of most administrative agencies?
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Administrative Process
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The procedure used by administrative agencies in the administration of law.
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Rulemaking
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The actions of administrative agencies when formally adopting new regulations or amending old ones
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Enforcement of Regulations
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...
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Privacy Rules and Legislation
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...
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Notice-and-Comment Rulemaking
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A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule
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1. Notice of the proposed rulemaking
2. A comment period
3. The final rule
2. A comment period
3. The final rule
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LO: 4
What sequnce of events must normally occur before an agency rule becomes law?
What sequnce of events must normally occur before an agency rule becomes law?
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Investigations:
- Often, an agency itself enforces its rule. After final rules are issued, agencies conduct investigations to monitor compliance with those rules or the terms of the enabling statute.
- Often, an agency itself enforces its rule. After final rules are issued, agencies conduct investigations to monitor compliance with those rules or the terms of the enabling statute.
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LO: 5
How do administrative agencies enforce their rules?
How do administrative agencies enforce their rules?
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Investigation
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Often, an agency itself enforces its rule. After final rules are issued, agencies conduct investigations to monitor compliance with those rules or the terms of the enabling statute.
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Ad Testificandum (to testify), Duces Tecum (bring it with you)
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Two basic subpoenas:
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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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Administrative Law Judge (ALJ)
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One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule of questions of evidence, and make determinations of fact.
- Decides whether a rule was violated at a hearing
- Decides whether a rule was violated at a hearing
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Final Order
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The final decision of an administrative agency on an issue
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Independent Regulatory Agencies
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At the Federal level, including the Federal Trade Commission, the Securities and Exchange Commission, and the Federal Communications Commission.
The president's power is less pronounced in regard to these ..
The president's power is less pronounced in regard to these ..
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Executive Departments and Important Subagencies
(State)
(State)
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State:
Passport Office; Bureau of Diplomatic Security; Foreign Service; Bureau of Human Rights and Humanitarian Affairs;;; ect.
Passport Office; Bureau of Diplomatic Security; Foreign Service; Bureau of Human Rights and Humanitarian Affairs;;; ect.
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Executive Departments and Important Subagencies
(Treasury)
(Treasury)
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Treasury:
Internal Revenue Service; U.S. Mint
Internal Revenue Service; U.S. Mint
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Executive Departments and Important Subagencies
(Interior)
(Interior)
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Interior:
U.S. Fish and Wildlife Service; National Park Service; Bureau of Indian Affairs; Bureau of Land Management
U.S. Fish and Wildlife Service; National Park Service; Bureau of Indian Affairs; Bureau of Land Management
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Executive Departments and Important Subagencies
(Justice)
(Justice)
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Justice:
Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Prisons; U.S. Marshals Service
Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Prisons; U.S. Marshals Service
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Executive Departments and Important Subagencies
(Agriculture)
(Agriculture)
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Agriculture:
Soil Conservation Service; Agricultural Research Service; Food Safety and Inspection Service
Soil Conservation Service; Agricultural Research Service; Food Safety and Inspection Service
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Executive Departments and Important Subagencies
(Commerce)
(Commerce)
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Commerce:
Bureau of the Census; Bureau of Economic Analysis; Minority Business Development Agency; U.S. Patent and Trademark Office;;; ect.
Bureau of the Census; Bureau of Economic Analysis; Minority Business Development Agency; U.S. Patent and Trademark Office;;; ect.
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Executive Departments and Important Subagencies
(Labor)
(Labor)
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Labor:
Occupational Safety and Health Administration; Bureau of Labor Statistics; Employment Standards Administration
Occupational Safety and Health Administration; Bureau of Labor Statistics; Employment Standards Administration
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Executive Departments and Important Subagencies
(Defense)
(Defense)
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Defense:
National Security Agency; joint Chiefs of Staff; Departments of the Air Force, Navy, Army
National Security Agency; joint Chiefs of Staff; Departments of the Air Force, Navy, Army
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Executive Departments and Important Subagencies
(Housing and Urban Development)
(Housing and Urban Development)
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Housing and Urban Development:
Office of Community Planning and Development; Government National Mortgage Association
Office of Community Planning and Development; Government National Mortgage Association
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Executive Departments and Important Subagencies
(Transportation)
(Transportation)
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Transportation:
Federal Aviation Administration; Federal Highway Administration; National Highway Traffic Safety Administration
Federal Aviation Administration; Federal Highway Administration; National Highway Traffic Safety Administration
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Executive Departments and Important Subagencies
(Energy)
(Energy)
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Energy:
Office of Civilian Radioactive Waste Management; Office of Nuclear Energy
Office of Civilian Radioactive Waste Management; Office of Nuclear Energy
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Executive Departments and Important Subagencies
(Health and Human Services)
(Health and Human Services)
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Health and Human Services:
Food and Drug Administration; Centers for Medicare and Medicaid Services; Center for Disease Control and Prevention
Food and Drug Administration; Centers for Medicare and Medicaid Services; Center for Disease Control and Prevention
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Executive Departments and Important Subagencies
(Education)
(Education)
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Education:
Office of Special Education and Rehabilitation Services; Office of Elementary and Secondary Education
Office of Special Education and Rehabilitation Services; Office of Elementary and Secondary Education
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Executive Departments and Important Subagencies
(Veterans Affairs)
(Veterans Affairs)
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Veterans Affairs:
Veterans Health Administration; Veterans Benefits Administration; National Cemetery System
Veterans Health Administration; Veterans Benefits Administration; National Cemetery System
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Executive Departments and Important Subagencies
(Homeland Security)
(Homeland Security)
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Homeland Security:
U.S. Citizenship and Immigration Services; Directorate of Border and Transportation Services; U.S. Coast Guard; Federal Emergency Management Agency
U.S. Citizenship and Immigration Services; Directorate of Border and Transportation Services; U.S. Coast Guard; Federal Emergency Management Agency
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Selected Independent Regulatory Agencies
(Federal Reserve System Board of Governors (the Fed))
(Federal Reserve System Board of Governors (the Fed))
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Federal Reserve System Board of Governors (the Fed):
Determines policy with respect to interest rates, credit availability, and the money supply
Determines policy with respect to interest rates, credit availability, and the money supply
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Selected Independent Regulatory Agencies
(Federal Trade Commission (FTC))
(Federal Trade Commission (FTC))
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Federal Trade Commission (FTC):
Prevents businesses from engaging in purported unfair trade practices; stops the formation of monopolies in the business sector; protects consumer rights
Prevents businesses from engaging in purported unfair trade practices; stops the formation of monopolies in the business sector; protects consumer rights
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Selected Independent Regulatory Agencies
(Securities and Exchange Commission (SEC))
(Securities and Exchange Commission (SEC))
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Securities and Exchange Commission (SEC):
Regulates the nation's stock exchanges, in which shares of stock are bought and sold; enforces the securities laws, which require full disclosure of the financial profiles of companies that wish to sell stock and bonds to the public
Regulates the nation's stock exchanges, in which shares of stock are bought and sold; enforces the securities laws, which require full disclosure of the financial profiles of companies that wish to sell stock and bonds to the public
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Selected Independent Regulatory Agencies
(Federal Communications Commission (FCC))
(Federal Communications Commission (FCC))
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Federal Communications Commission (FCC):
Regulates all communications by telegraph, cable, telephone, radio, satellite, and television
Regulates all communications by telegraph, cable, telephone, radio, satellite, and television
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Selected Independent Regulatory Agencies
(National Labor Relations Board (NLRB))
(National Labor Relations Board (NLRB))
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National Labor Relations Board (NLRB):
Protects employee's rights to join unions and bargain collectively with employers; attempts to prevent unfair labor practices by both employers and unions
Protects employee's rights to join unions and bargain collectively with employers; attempts to prevent unfair labor practices by both employers and unions
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Selected Independent Regulatory Agencies
(Equal Employment Opportunity Commission (EEOC))
(Equal Employment Opportunity Commission (EEOC))
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Equal Employment Opportunity Commission (EEOC):
Works to eliminate discrimination in employment based on religion, gender, race, color, disability, national origin, or age; investigates claims of discrimination
Works to eliminate discrimination in employment based on religion, gender, race, color, disability, national origin, or age; investigates claims of discrimination
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Selected Independent Regulatory Agencies
(Environmental Protection Agency (EPA))
(Environmental Protection Agency (EPA))
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Environmental Protection Agency (EPA):
Undertakes programs aimed at reducing air and water pollution; works with state and local agencies to help fight environmental hazards
Undertakes programs aimed at reducing air and water pollution; works with state and local agencies to help fight environmental hazards
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Selected Independent Regulatory Agencies
(Nuclear Regulatory Commission (NRC))
(Nuclear Regulatory Commission (NRC))
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Nuclear Regulatory Commission (NRC):
Ensures that electricity-generating nuclear reactors in the United States are built and operated safely; regularly inspects operations of such reactors
Ensures that electricity-generating nuclear reactors in the United States are built and operated safely; regularly inspects operations of such reactors
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