BULE 303 Chapter 19

the body of law created by administrative agencies in order to carry out their duties and responsibilities

a federal or state government agency established to perform a specific function

a statute enacted by congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created

an administrative agency rule that carries the same weight as a congressionally enacted statute

an administrative agency rule that explains how the agency interprets and intends to apply the statutes it enforces

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

the organizational structure consisting of government bureaus and agencies, through which the government implements and enforces the laws

the procedure used by administrative agencies in the administration of law. three basic functions. Rulemaking, enforcement, and adjudication.

the actions of administrative agencies when formally adopting new regulations or amending old ones

a procedure in agency rule making that requires notice, opportunity for comment, and a published draft of the final rule.

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

one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

an agency's disposition in a matter other than rulemaking. an administrative law becomes final unless it is appealed

the final decision of an administrative agency on an issue

in the absence of any directives from congress concerning a particular agency procedure the administrative procedure act applies. APA, sets fourth rules and regulations that govern the procedures administrative agencies follow in performing their duties.

agencies that exist within the cabinet departments of the executive branch. subject to the direct authority of the president. can appoint and remove officers.

presidents power is less pronounced in regard to independent agencies. officers cannot be removed without just cause.

one of the ways that administrations enforce there rules. to go in and look for violations.

inspections and tests, issuing subpoenas, search warrants.

two different kinds, ad testificandum is basic one. meaning to testify it compels a witness to appear at an agency hearing. duces tecum or bring it with you, compels an individual or organization to hand over books papers records or documents to the agency.

prohibits unfair and deceptive trade practices. is able to: 1.create rules and regulations for the purpose of carrying out the act. 2 conduct investigations of business practices. 3. obtain reports from interstate corporations. 4. investigate possible violations of the federal antitrust statutes. 5. publish findings of its investigations. 6. recommend new legislation. 7. hold trial like hearings.

U.S. supreme court held that a federal agency could interpret the law there way, even if the court would have interpreted it differently. with a 2 prong test.
1. did congress address issue in a statute?
2. if the statute is silent, is the agency interpretation "reasonable"?
given in cases when the meaning of a statutes language is unclear.