BUSL2550-Chapter 4

The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.

Any government body created by the legislative branch (e.g., Congress, a state legislature, or a city council) to carry out specific duties.

The first federal administrative agency; created to regulate the anticompetitive conduct of railroads.

rules regarding the internal operations of an agency.

rules regarding that explain how the agency views the meaning of the statues for which the agency has administrative responsibility.

policy expressions that have the effect of law.

a order to appear at a particular time and place and provide testimony

an order to appear and bring specified documents

A judge who presides over an administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision.

a statement in which a company agrees to stop disputed behavior but does not admit that it broke the law

a binding decision rendered by a judge

An agency that is typically located within the executive branch, under one of the cabinet-level departments. The agency head is appointed by the president with the advice and consent of the Senate.

When a new president is elected, he will typically place his appointees in charge of executive agencies

An agency that is typically not located within a government department. It is governed by a board of commissioners, who are appointed by the president with the advice and consent of the Senate.

EX: Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and the Federal Communications Commission (FCC).

An agency that has characteristics of both executive and independent agencies.

federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies

Two most common types of rule making are informal and formal; a third type is known as hybrid

A type of rule making in which an agency publishes a proposed rule in the Federal Register, considers public comments, and then publishes the final rule.
Also called notice-and-comment rule making.

The government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule.

A type of rule making that is used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted.

A type of rule making that combines features of formal and informal rule making; consists of publication in the Federal Register, a written-comment period, and an informal public hearing with restricted cross-examination.

The APA contains an exemption from rule making that allows and agency to decide whether public participation will be allowed.

Exemptions include rulemaking proceeding with regard to "military or foreign affairs" and "agency management or personnel".

A rule that does not create any new rights or duties but is merely a detailed statement of an agency's interpretation of an existing law, including the actions a party is to take to be in compliance with the law.

A general statement about the directions in which an agency intends to proceed with respect to its rule-making or enforcement activities; has no binding impact on anyone.

A type of rule making in which representatives of concerned interest groups and of the involved government agency participate in mediated bargaining sessions to reach an agreement, which is forwarded to the agency.

statutory, political, judicial, informational

Congress has the power to create or dissolve an agency

An individual or business that believes itself harmed by an administrative rule may challenge that rule in federal court after all administrative procedures have been exhausted

Refers to evidence that a reasonable mind could accept as adequate to support a conclusion. It is defined as "more than a scintilla but less than preponderance" and consists of "such relevant evidence as a reasonable person would accept as adequate to support a conclusion."

agency power is limited by the Freedom of Informational Act (FOIA)

Federal legislation that mandates and facilitates public access to government information and records, including records about oneself. Sensitive information (e.g., on national security) is excluded.

Requires agency business meetings to be open to the public is the agency is headed by a collegiate body

consists of two or more persons the majority of whom are appointed by the president with the advice and consent of the Senate

Federal agency may not disclose information about an individual to other agencies/organizations without that individual's written consent

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