Braswell Business Law Ch 5

governmental entities (not courts or legislatures) having authority to affect the rights of private parties through their operations

refers to the entire set of activities in which administrative agencies engage while carrying out rule making, enforcement and adjudicative functions.

rule making, enforcement, and adjudication

the process by which an administrative agency enacts or promulgates rules of law

the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or process law or policy

those issued by an agency having the ability, under a legislative delegation of power, to make rules having the force and effect of law.

1 prior notice of a proposed rule, usually by publication in the Federal Register; 2 an opportunity for interested parties to participate in the rule making; and 3 publication of a final draft containing a concise general statement of the rule's basis and purpose at least thirty days before its effective date.

results from combining the informal procedures of the APA with the additional procedures specified by the enabling statute.

informal, formal, hybrid

the agency must consider the record of the trial-like agency hearing and include a statement of "findings and conclusions and the reasons or basis therefore, on all the material issues of fact, law, or discretion presented on the record" when making rules

agency issued statements that explain how the agency construes its governing statute

exempt from the notice and comment requirements of the APA and are not law. These rules establish rules of conduct for practice before the agency, identify an agency's organization and describe its method of operation.

1 the investigation is authorized by law and undertaken for a legitimate purpose, 2 the information sought s relevant, 3 the demand for information is sufficiently specific and not unreasonable burdensome, and 4 the information sought is not privileged.

the formal procedure by which an agency resolves a matter. involves finding facts, applying legal rules to the facts, and formulating orders.

power of appointment, budgetary control, impounmentof monies appropriated, and restructuring of executive agencies

power over budget, amendment of enabling statue, elimination of agency, and enactment of guidelines

excess of authority, proper interpretation of applicable law, violation of constitution, and violation of required legal procedure

parties seeking to challenge agency action must have standing and must have exhausted their administrative agencies

requires that the agency action injure the party in fact and that the party assert an interest that is in the "zone of interests to be protected by the statute in question."

must determine whether the agency has 1 exceeded its authority, 2 properly interpreted the applicable law, 3 violated any constitutional provision, or 4 acted contrary to the procedural requirements of the law.

arbitrary and capricious test, substantial evidence, unwarranted by the facts standard

requires only that the agency had a rational basis for reaching its decision

requires that the conclusions reached to be supported by "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion."

permits the court to try the facts de novo (anew)

any rule that the Office of Management and Budget finds has resulted in or is likely to result in 1 an annual effect on the economy of at least $100 Million; 2 a major increase in costs or prices; or 3 a significant adverse effect on competition, employment, investment, productivity, innovation, or international competitiveness of U.S. enterprises.

fives the public access to most records in the files of federal administrative agencies

protects certain government records pertaining to individuals that a federal agency maintains and retrieves by an individual's name or other personal identifier, including social security number. In general, the ________ Act prohibits unauthorized disclosure of those records covered by the Act. It also gives individuals the right to review and copy records about themselves, to find out whether these records have been disclosed, and to request corrections or amendments of these records, unless the records are legally exempt.

require meetings of many federal agencies to be open to the public.

original statute that delegates authority (EX: IRC and IRS, NLRA and NLRB, FTCA and FTC,, ect)

legislative

executive

judicial