question
Rulemaking Function of Agencies
answer
Three steps: PPP
1) publish a notice of intent to adopt a regulation
2) provide opportunity for public comment (usually required to be submitted within 30 days, hearing must take place on the federal level of 25 interested individuals call for it or if the agency requests it)
3) publish the final regulation (usually take legal affect 30 days after, Final rule is published in the code of federal regulations at the federal level)
1) publish a notice of intent to adopt a regulation
2) provide opportunity for public comment (usually required to be submitted within 30 days, hearing must take place on the federal level of 25 interested individuals call for it or if the agency requests it)
3) publish the final regulation (usually take legal affect 30 days after, Final rule is published in the code of federal regulations at the federal level)
question
Adjudicatory Function of Agencies
answer
Grants parties affected by an agency decision to a notice, hearing, and appeal under the due process clause of the Constitution. Agency must provide reasonable notice of the opportunity for a fair hearing.
question
Appropriate Notice Requirements
answer
1) statement of the hearing time, place, and nature
2)Statement of the hearings legal authority and jurisdiction
3) reference to the particular statute or rule involved
4) A short, clear statement of the matters at issue
2)Statement of the hearings legal authority and jurisdiction
3) reference to the particular statute or rule involved
4) A short, clear statement of the matters at issue
question
Do the parties involved in administrative adjunction hearing have the right to counsel?
answer
Yes, and counsel is not required to be a lawyer
question
Do agency cases have juries?
answer
No, the hearing examiner or administrative law judge decides both factual and legal matters
question
Agencies can impose what?
answer
Fines or grant, revoked, or suspended licenses
question
Can administrative agencies issue advisory options?
answer
Yes, but they are not binding
Ex) CDC imposing Mask Recommendations
Ex) CDC imposing Mask Recommendations
question
Investigative Functions of Agencies
answer
1. Subpoena Power of Documents
2. On-Site Inspections for Compliance
3. Search Warrants
2. On-Site Inspections for Compliance
3. Search Warrants
question
Subpoena power of documents
answer
Agencies may issue subpoenas to obtain evidence for administrative proceedings
question
subpoena ad testificandum
answer
Subpoena to compel a witness to testify
question
subpoena duces tecum
answer
Subpoena to compel production of documents or records.
question
Are warrantless searches illegal?
answer
No, some are legal including searches of highly regulated industries (alcohol, liquor, firearms)
question
Judicial review
answer
Agency decisions can be reviewed in court
question
When is judicial review available?
answer
available with administrative decisions if the review is not precluded by statute or as long as the action reviewed is not left by statute solely to administrative agency discretion
question
Two requirements of judicial review
answer
1) Agency has issued a final order in the case
2) doctrine of exhaustion of administrative remedies is satisfied (can appeal to the courts only after having taken the case through all possible procedures and appeals)
2) doctrine of exhaustion of administrative remedies is satisfied (can appeal to the courts only after having taken the case through all possible procedures and appeals)
question
Requirements of overturning the action in reviewing administrative agency action
answer
Arbitrary and capricious, unconstitutional, violative of statutory authority or agency procedural rules, or if there was an abuse of discretion
question
Arbitrary and capricious
answer
An action is this if there is no rational basis for the action
question
Are administrative decisions typically upheld?
answer
Yes
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
