question
Administrative Procedure Act
answer
a federal law that establishes the operating for administrative agencies.
question
Administrative law judge
answer
a judicial figure who hears administrative agency actions; has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the agency heads for action.
question
cease and desist order
answer
order issued by a court or administrative agency to stop a practice that it decides is improper
question
Federal Register
answer
government publication issued five days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents and classes of documents that the president or Congress direct to be published.
question
Federal register Act
answer
federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activities ( in the federal register)
question
Regulatory Flexibility Act (1980)
answer
requires that all proposed rules be published in the trade journals of those trades that will be affected by the proposed rules.
question
consent decree
answer
informal settlements of enforcement actions brought by agencies; used to settle administrative law complaints after the business has been notified of the complaint
question
public comment
answer
the period following the publication of proposed rules in which the public has the opportunity to provide input on the proposed rules (must last at least 30 days) can consist of written letters or hearings conduction by the agency
question
Workers Compensation
answer
A form of insurance paid by the employer providing cash benefits to workers injured or disabled in the course of employment.
question
executive power
answer
modern administrative agencies has the power to execute the law and to being proceedings against violators
question
judical power
answer
Once the investigation of an agency reveals a potential violation of the law, an agency assumes its third role of judicial arbiter to conduct hearings on violations
question
ultra vires (beyond the jurisdiction of the agency)
answer
act or contract that the corporation does not have authority to do or make
question
freedom of Information Act
answer
federal law permitting citizens to request documents and records from administrative agencies. "to ensure that government activities be opened to the sharp eye of public scrutiny.
question
warrantless search
answer
means that government officers carry out a search or arrest without a warrant or any other legal authorization. when violation of the law is dangerous to health and safety, a workplace inspection without advance notice or a search warrant is permitted when such a requirement could defeat the purpose of the inspection.
question
arbitrary and capricious
answer
willful and unreasonable action without consideration or in disregard of facts or law. When an agency changes its prior decisions and customary actions, it must give its reasons
question
5th amendment/ self incrimination
answer
constitutional protection against self-incrimination; also guarantees due process.
question
due process
answer
the constitutional right to be heard, question witnesses, and present evidence.
question
trade journals
answer
a periodical containing news and items of interest concerning a particular trade.
question
administrative remedy
answer
A remedy that the law permits an administrative agency to grant. the non judicial remedy provided by an agency, board, commission or any other like organization
question
exhaustion of administrative remedies
answer
requirement that an agency make its final decision before the parties can go to court
question
Sunshine Act (1976)
answer
requires that most government meetings be conducted in public and that notice of such meetings be posted in advance (open meeting laws)
question
aerial inspection
answer
the inspection from an aircraft of crops, forests, livestock or wildlife, the patrolling of pipelines or power lines, a flight inspection or any other operation of a similar nature
question
hearing
answer
any formal proceeding before a court.
question
notice
answer
a public notice issued by law when one of the independent agencies of the United States federal government wishes to add, remove or alter a rule or regulation as part of the general rulemaking process
question
Administrative Law
answer
law governing administrative agencies.
question
subpoena
answer
a court order requiring appearance and/or testimony