question
What is administrative law?
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the body of law that regulates the operation and procedures of government agencies.
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What is an administrative agency?
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an organization set up by a federal or state government to manage a particular aspect of the law.
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How and why are administrative agencies created?
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Congress creates administrative agencies through enabling acts. In these acts, Congress must delegate authority by giving the agency some direction as to what it wants the agency to do. Agencies are usually given broad powers to investigate, set standards (promulgating regulations), and enforce those standards.
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What types of powers do administrative agencies have?
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the agency will have all three kinds of power: executive, legislative, and judicial.
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What is the difference between an executive agency and an independent agency?
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executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies are. independent regulatory agencies are subject to the authority of the Congress. executive agencies are directly controlled by courts.
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What is the Administrative Procedures Act?
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The Administrative Procedure Act (APA) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.
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How do formal, informal, and hybrid rulemaking differ from one another?
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Formal rulemaking, requires the deliberation of a proposed rule during a trial-like hearing process, informal rulemaking only requires the consideration of written public feedback on proposed rules submitted during a comment period. Hybrid rulemaking, as its name implies, is a cross between informal and formal rulemaking procedures. Hybrid rulemaking results when the agency's statute requires procedures that are more formal than the APA's notice-and-comment, informal rulemaking, but less formal than on-the-record, trial-like, formal rulemaking.
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What are the limits on agency power?
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The limits on agency power is statutory control, enabling leg places controls, poltical control, president nominates heads, congress control budgets, and congress can amend enabling leg, judicial Review, can appeal agency decision in fed court. Finally, information control and the public, Administrative Protection Act (APA).
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Administrative law consists of both substantive and procedural rules
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True
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Administrative agencies are located at the state government level only
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False
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Administrative agencies are created by the judicial branch of government to carry out specific duties.
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False
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Administrative agencies have legislative and judicial, but not executive, powers.
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false
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Administrative agencies typically act slower than the United States Congress in creating and enacting new laws.
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false
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There is a right to a jury trial in administrative agency disputes.
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false
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There is a right of appeal from a decision of an administrative law judge.
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true
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An administrative law judge's decision may not be directly appealed to a court.
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true
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The first step in formal rule making is publication in the Federal Register of a notice of proposed rule making by the agency.
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true
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The two most common types of administrative agency rule making are conditional and unconditional.
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false
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Independent administrative agencies, often called commissions, tend to have responsibility for making rules covering a broad spectrum of industries and activities.
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false
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The United States Senate must approve presidential nominees for them to become the administrative heads of agencies.
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true
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Independent agencies have a tendency to focus more on social regulation, whereas executive agencies are more often focused on economic regulation.
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false
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The Environmental Protection Agency (EPA) is an example of a hybrid administrative agency.
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true
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The Small Business Administration (SBA) is an example of an executive agency.
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true
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The Administrative Agency Recorder is the official daily publication for administrative agencies.
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false
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The primary type of rule making used by administrative agencies is informal rule making.
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true
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The United States Congress has the power to create, but not dissolve, an administrative agency.
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false
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The Government in Sunshine Act requires agency business meetings to be open to the public even if the agency is headed by a non-collegiate body, and the open-meeting requirement applies even when a quorum is not present.
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false
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Under the Privacy Act of 1974, a federal administrative agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.
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true
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Administrative law consists of both substantive and _____ rules.
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procedural
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Administrative law involves all but which of the following?
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equity
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Which type of agency is generally defined as any body created by the legislative branch to carry out specific duties?
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an administrative agency
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What types of powers do administrative agencies have?
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legislative, judicial, and executive
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The _____ created the Interstate Commerce Commission (ICC), the first federal administrative agency.
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U.S. Congress
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Due to anticompetitive conduct by railroads, what administrative agency was created?
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The Interstate Commerce Commission
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What does enabling legislation provide for an administrative agency?
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The agency's name, functions and specific powers
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Today, _____ creates the most rules.
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administrative agencies
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What rules are designed to explain an agency's views concerning statutes for which the agency has responsibility?
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Interpretive
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Leland is trying to determine if an agency's rules have the effect of law. What type of rules would you tell him have the effect of law?
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Legislative
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Which of the following would allow an administrative agency to investigate potential rules or statutory violations?
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A subpoena
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Tohima was implicated in a potential scheme to sell false securities. When it came time for Tohima to testify the agency issued a _____ which ordered Tohima to appear and bring with him specific documents.
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subpoena duces tecum
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What do the initials "ALJ" represent in the context of administrative agencies and administrative law?
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Administrative Law Judge
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A binding decision issued by an administrative law judge (ALJ) is known as a(n) _____.
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order
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How many people sit on a jury for an administrative hearing?
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None
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What usually happens to decisions of administrative law judges that are appealed to the federal court system?
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The decisions are usually upheld.
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An Administrative Law Judge (ALJ) will often try to convince the parties to reach a settlement via a(n) _____.
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consent order
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The United States _____ appoints administrative heads of executive agencies.
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Executive or independent
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The United States _____ appoints administrative heads of executive agencies.
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president
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What is the purpose of having an administrative agency?
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To staff the agency with professionals who have special expertise in an area and can help make the appropriate regulations
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A _____ agency does not fall clearly into either independent or executive agency status.
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hybrid
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The Environmental Protection Agency (EPA) is an example of a(n) __________ agency.
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hybrid
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What are the two most common types of rulemaking performed by administrative agencies?
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formal and informal
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When does an informal rule become effective?
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At least 30 days after publication of the final rule in the Federal Register
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What types of statements or notices are general in nature and give guidelines on ways in which an agency intends to proceed with rule making or enforcement activities?
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Policy statements
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In _____, each concerned interest group and the agency itself sends a representative to bargaining sessions led by a mediator. After the parties achieve a consensus, that agreement is forwarded to the agency.
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reg-neg
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Which of the following is not considered an activity in which an administrative agency may be involved? ______
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Forming political action committees
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What does the term "FOIA" mean?
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Freedom of Information Act
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The Government in Sunshine Act requires that _____.
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an agency business meeting must be open to the public if a collegiate body heads the agency
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Under the Privacy Act, an individual may have the right to:
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see and amend federal agency records, as well as sue the government for Privacy Act violations.
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