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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.
-For example, the Federal Trade Commission (FTC)
-For example, the Federal Trade Commission (FTC)
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Legislative Rules
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- An administrative agency rule that affects substantive legal rights and carries the same weight as congressionally enacted statute.
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Interpretive Rules
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- An administrative agency rule that simply declares a policy or explains the agency's position and does not establish any legal rights or obligations.
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Delegation Doctrine
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- A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to make and implement laws to administrative agencies.
- The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.
- The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.
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Bureaucracy
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- A large organization that us structured hierarchically to carry out specific functions.
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Rulemaking
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- The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one.
- Involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
- Involves notifying the public of a proposed rule or change and receiving and considering the public's comments.
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Notice-and-Comment Rulemaking
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- An administrative rulemaking procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register.
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Adjudication
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- The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding.
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Administrative Law Judge (ALJ)
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- One who presides over an administrative agency hearing who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
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Initial Order
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- In the context of administrative law, an agency's disposition in a matter other than a rulemaking.
- An administrative law judge's initial order becomes final unless it is appealed.
- An administrative law judge's initial order becomes final unless it is appealed.
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Final Order
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- The final decision of an administrative agency on an issue.
- If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
- If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
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