BUS LAW Chapter 43

the resolution of the dispute through a hearing conducted by the agency

a federal, state, or local government agency established to perform a specific function (create admin laws)

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.

The procedure used by administrative agencies in the administration of law.

A system of managing government through departments run by appointed officials

A doctrine that authorizes Congress to delegate some of its lawmaking authority to administrative agencies. The doctrine is implied by Article I of the U.S. Constitution, which grants specific powers to Congress to enact and oversee the implementation of law.

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.

before an individual can file a lawsuit against an agency they must first exhaust their administrative remedies (hearing with the administration)

substantive rules issued by an administrative agency under the authority delegated to it by the legislature

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

1) notice of the proposed rule-making
2) a comment period (can range in # of days)
3) final rule

formation of new regulations and rules

like rule making
like investigation & enforcement
like trial like hearings

subpoena ad testificandum - subpoena to testify at a certain placer and time

Subpoena duces tecum - court order to appear and bring "things" with you

designed to give people (litigants) in font of agencies procedural due process and remedies