question
What is an enabling law?
answer
A statute passed by Congress or a state legislature, which creates an administrative agency, or which gives specific powers to an agency
question
What is the delegation of power?
answer
Congress transfers some of its legislative power to an administrative agency, by giving it the power to enact rules and regulations to implement a statute
question
What are the two basic types of federal agencies?
answer
Executive branch agencies and independent regulatory commissions
question
What is an executive branch agency?
answer
Federal agencies which are part of the executive branch of the government, under the control of the president (Ex: OSHA)
question
What is an independent regulatory commission?
answer
Agencies established by Congress, which act independently of Congress and the President, to some degree; Created to deal with specific problems (Ex: Consumer Product Safety Commission)
question
What are the three functions of administrative agencies?
answer
1) Rulemaking
2) Enforcement
3) Adjudication
2) Enforcement
3) Adjudication
question
What is formal rulemaking?
answer
An agency develops and issues regulations after holding at least one public hearing
question
What is informal rulemaking?
answer
An agency develops a proposed federal regulation and then publishes it in the Federal Register, so interested persons may offer comments before the regulation is final
question
What is informal rulemaking often referred to as?
answer
"Notice and Comment" rulemaking
question
Rules and regulations made by federal agencies have the effect of law. T/F?
answer
True. Rules and regulations made by federal agencies have the effect of law.
question
What is an administrative law judge?
answer
An impartial government official who hears and decides administrative cases, involving federal rules and regulations
question
After an ALJ issues a decision in a case charging a violation of a regulation, an appeal may be made to the full governing board of the agency. The agency board will then either affirm or reverse the decision of the ALJ. If further appeal is taken, it usually goes to a federal Circuit Court of Appeals. What are the FIVE legal factors that will affect whether the court will accept the appeal?
answer
Exhaustion of Administrative Remedies, Standing, Ripeness, the "Substantial Evidence" rule, Abuse of Discretion
question
What is exhaustion of administrative remedies?
answer
A person must use all possible methods of appeal within an administrative agency before a court will hear the case.
question
What is standing?
answer
A person must be directly affected by an agency action in order to challenge such action
question
What is ripeness?
answer
A court will not hear a case challenging an agency until the action or decision is "final"
question
What is the substantial evidence rule?
answer
A rule followed by courts in reviewing an agency decision. The court will follow the factual findings made by the ALJ and agency as long as there is "substantial evidence" to support the findings
question
What is abuse of discretion?
answer
When an agency has not properly followed the APA (Administrative Procedure Act) rules or has acted in an "arbitrary or capricious" manner
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