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adjudication
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the resolution of the dispute through a hearing conducted by the agency
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Administrative Agency
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a federal, state, or local government agency established to perform a specific function (create admin laws)
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administrative law judge (ALJ)
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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.
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administrative process
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The procedure used by administrative agencies in the administration of law.
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Bureaucracy
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A system of managing government through departments run by appointed officials
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Delegation Doctrine
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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.
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Enabling Legislation
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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.
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Exhaustion Doctrine
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before an individual can file a lawsuit against an agency they must first exhaust their administrative remedies (hearing with the administration)
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legislative rules
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substantive rules issued by an administrative agency under the authority delegated to it by the legislature
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notice-and-comment rule-making (on exam)
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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
1) notice of the proposed rule-making
2) a comment period (can range in # of days)
3) final rule
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rule making
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formation of new regulations and rules
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quasi-legislative
quasi-executive
quasi-judicial
quasi-executive
quasi-judicial
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like rule making
like investigation & enforcement
like trial like hearings
like investigation & enforcement
like trial like hearings
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2 types of subpoenas (must know)
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subpoena ad testificandum - subpoena to testify at a certain placer and time
Subpoena duces tecum - court order to appear and bring "things" with you
Subpoena duces tecum - court order to appear and bring "things" with you
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Admin Procedure Act (APA)
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designed to give people (litigants) in font of agencies procedural due process and remedies