Ch17 – The Regulatory Process

a governmental bureau established by Congress (or the president) to execute certain functions of Congress. Agencies transact government business and may write and enforce regulations under the authority of Congress or the president.

the constitutional right of Congress to authorize government agencies to perform certain legal duties.

legislative enactment granting power to an administrative agency.

rules and regulations established by administrative agencies to execute the functions given them by Congress or the president; also the law that governs how agencies must operate.

in administrative law, the procedures that agencies must follow when issuing rules to interpret or enforce the statutory authority they were granted by Congress.

a rule or order, having legal force, issued by an administrative agency; the act or process of controlling by rule.

in administrative law, a rule issued by a regulatory agency under its powers granted by Congress and subject to procedural requirements that detail the legal obligations of affected parties.

statements issued by administrative agencies that explain how the agency understands its statutory authority to operate; these may be advisory or binding.

under the Administrative Procedure Act or other legislation, the process that an administrative agency must follow for its actions to be valid.

the requirement under many laws that one subject to the law must volunteer certain matters, including violations, that have occurred to the relevant regulatory agency.

in administrative law, a formal process involving a regulatory agency and the private parties involved in a complaint; procedures are more informal than a court trial but protect due process rights.

a person appointed to conduct an administrative hearing about a regulatory matter. Usually attorneys who work for the administrative agency, such as the Federal Trade Commission, serve in this capacity. They run a trial-like proceeding and issue a decision in the matter based on the facts determined at the hearing.

authority of a court to reexamine a dispute considered and decided previously by a lower court or by an administrative agency.

the ability for the decision of a court or an agency to be appealed to a higher court or administrative level.

the right to sue in a particular court.

in administrative law, a doctrine that before a matter may be appealed to the court system, an agency must have finalized its decision, so the matter is ready for court review.

a rule that when a statute provides an administrative remedy, relief must be sought through appropriate agency process before a court can act to consider other relief.

a judgment or decision, by an administrative agency or judge, which is without basis in fact or in law. Such a decision is often referred to as being without a rational basis.

computing the costs of an activity compared to the estimated monetary value of the benefits from the activity.