question
What is administrative agency law?
answer
Congress enacts statutes and sometimes statutes create administrative agencies to help carry out the rules in the statute.
question
What is the difference between federal executive agencies and
independent regulatory agencies?
independent regulatory agencies?
answer
federal- formed to help the president carry out executive functions. They include the cabinet departments of the executive branch
Independent- Outside the major departments
ex: SEC, EEDC, EPA, OSHA. FTC created with statute.
Independent- Outside the major departments
ex: SEC, EEDC, EPA, OSHA. FTC created with statute.
question
What are the agency powers?
answer
-executive- appointment of officers and veto power
-legislative- enabling legislation allows congress to abolish an agency and to defund
-Judicial- court review of agency actions but this is subject to the exhaustion doctrine
-legislative- enabling legislation allows congress to abolish an agency and to defund
-Judicial- court review of agency actions but this is subject to the exhaustion doctrine
question
What is the exhaustion doctrine?
answer
the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.
question
What is the purpose of the administrative procedure act (APA)?
answer
-more judicial control over administrative agencies
-Allows parties to challenge regulations as contrary to law or as so irrational that they are arbitrary and capricious.
-Allows parties to challenge regulations as contrary to law or as so irrational that they are arbitrary and capricious.
question
What is the rule making procedure?
answer
1. Notice of proposed rule-making
2. a comment period- individuals can comment and we have to be heard
3. The final rule
informal agency actions do not have a comment period
2. a comment period- individuals can comment and we have to be heard
3. The final rule
informal agency actions do not have a comment period
question
Where are rules proposed and published?
answer
1. proposed in the federal register
2. Then published in the code of federal regulation
2. Then published in the code of federal regulation
question
What are the types of subpoenas?
answer
-order to do something
a. subpoena ad testificandum- testify, come to a hearing, and speak with a judge
b. subpoena duces tecum- Orders an individual or organization to hand over books, papers, records, or documents to the agency.
a. subpoena ad testificandum- testify, come to a hearing, and speak with a judge
b. subpoena duces tecum- Orders an individual or organization to hand over books, papers, records, or documents to the agency.
question
What is the adjudication process?
answer
-means to judge
1. negotiated settlement
2. formal complaints- official charges filed
3. Role of the administrative law judge- conduct hearings and trials
4. hearing procedures- witness
5. agency orders- decision on accusation can be pay fines, or go to jail.
1. negotiated settlement
2. formal complaints- official charges filed
3. Role of the administrative law judge- conduct hearings and trials
4. hearing procedures- witness
5. agency orders- decision on accusation can be pay fines, or go to jail.
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