BUL 3310 – FSU – Exam 2 – Spring 2015 – Chapter 6

Specifies the name, purpose, functions, and powers of the agency being created. This agency cannot regulate beyond the powers granted by the statue, and it may be required to take some regulatory action by the terms of that statute.

of substantive rules, that are legally binding as laws that congress passes.

outside the federal executive departments ( those headed by a cabinet secretary)
ex. Federal Trade commission and the Securities and exchange commission

which simply declare policy and do not affect legal rights or obligations

Holds that article 1 grants congress the authority to delegate some of its power by establishing administrative agencies to create rules for implementing those laws.

Sometimes referred to as the fourth branch of the U.S. government.

The formulation of new regulations, or rules. A rule as "an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law and policy.

Involves three basic steps:
- notice of the proposed rule making
- a comment period
- final rule

the process of resolving a dispute by presenting evidence and arguments before a neutral decision maker

ALJ
presides over the hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

decision of the case. and ALJ can render
Either party can appeal the ALF's decision to the board or commission that governs the agency.

if no part appeals the case, the ALF's decision becomes final. the ALF's decision also becomes final if a party appeals and the commission and the court decline to review the case.