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Administrative agencies
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created by governments to enforce regulatory statutes
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Cabinet-level federal departments
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advise the president and are responsible for enforcing specific statutes enacted by Congress
1. appointed by the president
1. appointed by the president
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Federal administrative agencies
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have broad regulatory powers over key areas of the national economy
1. created by Congress
1. created by Congress
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State administrative agencies
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created to administer state regulatory laws
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Local administrative agencies
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created to administer local regulatory law
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Substantive administrative law
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law enforced by an administrative agency
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Procedural administrative law
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establishes procedures to be followed by an agency while enforcing substantive laws
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Administrative Procedure Act (APA)
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federal statute that establishes procedures to be followed by federal administrative agencies
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Administrative law judge (ALJ)
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employee of an agency who:
1. presides over an administrative proceeding
2. decides questions of law and fact concerning cases
1. presides over an administrative proceeding
2. decides questions of law and fact concerning cases
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Administrative order
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decision issued by an administrative judge
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Delegation doctrine
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when an agency is created, it is delegated certain powers, can only use powers delegated to it
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Substantive rule making (legislative)
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has the force of law and to which covered persons and businesses must adhere
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Interpretive rule making (legislative)
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interprets existing statutory language
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Statements of policy (legislative)
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announces a proposed course of action that the agency intends to follow in the future
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License (legislative)
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permission granted to persons and businesses to conduct certain type of commerce professions
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Judicial authority
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to adjudicate cases in an administrative proceeding
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Procedural due process
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respondent must be given proper and timely notice of allegations or charges and an opportunity to present evidence on the matter
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Executive power
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granted to investigate and prosecute possible violations of statutes, rules, and orders
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Administrative subpoena
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order that directs subject of the subpoena to disclose the requested information
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Unreasonable search and seizure
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any search and seizure by the government that violates the Fourth Amendment (evidence found is inadmissable)
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Petitioner
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party who appeals the decision of an administrative agency
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Freedom of Information Act
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gives the public access to documents in the possession of federal administrative agencies
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Government in the Sunshine Act
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opens federal administrative agency meetings to the public
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Equal Access to Justice Act
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protects persons from harassment by federal agencies
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Privacy Act
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states that federal agencies can maintain information about an individual that is relevant and necessary to accomplish a legitimate purpose