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Administrative Agency
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a governmental body responsible for the control and supervision of a particular activity or area of public interest.
"4th branch of government"
"4th branch of government"
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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.
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Administrative Law Judge
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Presides over administrative hearing; may attempt to encourage parties to settle, but has power to enter binding decision
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2 types of agencies
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executive and independent
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Executive Agency
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Generally within executive branch of government, under a "cabinet-level" department; also referred to as "cabinet-level" agency
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Independent Agency
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Governed by board of commissioners appointed by president, with "advice and consent" of U.S. Senate
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3 branches of government
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Legislative, Executive, Judicial
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The Administrative Process
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The procedure used by administrative agencies in the administration of law.
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Rulemaking
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Formally adopting new regulations or amending old ones
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Rulemaking Steps
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Notice of the proposed rulemaking
Comment period
The final rule
Comment period
The final rule
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enforcement
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the act of making people obey laws and rules
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Adjudication
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A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.
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Functions of Administrative Agencies
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Regulating conduct
Fulfilling government requirements
Disbursing benefits
Providing goods and services.
Fulfilling government requirements
Disbursing benefits
Providing goods and services.
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Agency Law
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Relationship between 2 parties in which one party (the agent) agrees to represent or act for the other (the principal).
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fiduciary relationship
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A relationship of trust and confidence, as between trustee and beneficiary, attorney and client, or principal and agent.
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An employee (agent) must
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performance
notification
loyalty
obedience
accounting
notification
loyalty
obedience
accounting
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Independent Contractor
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A person or firm that performs services for another
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Workers Compensation
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A form of insurance paid by the employer providing cash benefits to workers injured or disabled in the course of employment.
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Formation of an Agency
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1. Agreement
2. Ratification
3. Estoppel
4. Operation of Law
2. Ratification
3. Estoppel
4. Operation of Law
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equal dignity rule
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A rule requiring that an agent's authority be in writing if the contract to be made on behalf of the principal must be in writing.
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power of attorney
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a legal document authorizing someone to act on your behalf
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Apparent Authority
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The authority an agent is believed by third parties to have because of the behavior of the principal.
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Ratification
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Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty
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Liability in Agency Relationships
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Contracts
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The Doctrine of Respondent Superior
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"let the master answer"
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The termination of an Agency
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1. termination by act of the parties
2. termination by operation of law
2. termination by operation of law
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