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congressional enabling act
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before an agency can begin rulemaking proceedings it must be given jurisdiction by congressional enactment in the form of a statute
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Public comment period
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Time allowed for the public to express its views and concerns regarding an action of an administrative agency.
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inspection of premises
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agency officials have the right to conduct inspections, pursuant to the warrant protections afforded by the Fourth Amendment
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production of papers
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the contstitutional guarantee against unreasonable searches and seizures does not afford much protection for papers and records being investigated by an agency
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inspections and reports
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- Proof of compliance required
- Agencies have right to inspect documents & premises
- Can be a federal crime to warn employees federal inspectors are present
- Agencies have right to inspect documents & premises
- Can be a federal crime to warn employees federal inspectors are present
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Beginning Enforcement - Preliminary Steps
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A private individual or agency may file a written complaint, which is served/answered
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the administrative hearing
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a hearing before an administrative agency regarding a dispute between an individual and the agency
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administrative law judge
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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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informal settlements or consent decrees
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practical devices used to settle administrative law complaints after wrongdoer business is notified of that complaint
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procedural issues
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agency does not follow rules
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substantive law and facts issues
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agency does not legally interpret correctly
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ultra vires
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A Latin term meaning "beyond the powers"; in corporate law, acts of a corporation that are beyond its express and implied powers to undertake.
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arbitrary and capricious
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a judgment or decision, by an administrative agency or judge, which is without basis in fact or in law. Such a decision is often referred to as being without a rational basis.
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