Ch4 bud law

Most federal agencies are created by Congress through statutes called "enabling acts" which define the scope of an agency's authority. ... By enacting the Administrative Procedure Act (APA) in 1946, Congress established some means to oversee government agency action.

rule making, investigation, adjudication

They're the same legislative judicial and executive

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.

Procedural, Regulations (both informal), Substantive (formal) (informal rules looked at more harshly by Courts, some Agencies try to pass substantive as procedural/regulatory and Courts will stop this)

rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct for practice before it

A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces.

substantive rules issued by an administrative agency under the authority delegated to it by the legislature

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 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.

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.

NASA, CIA

IRS, FBI, FDA, and NRC

Political
Statutory
Judicial
Informational

- U.S Senate must approve agency heads
-U.S Congress has power over agency budgets

Congress may create or eliminate agencies and amend enabling legislation; Congress reviews and may override agency rules

Interested parties may challenge administrative rules in court
Court may review agency's findings of facts, interpretation of rules, and scope of agency's power in making rules

Freedom of information act

Government in sunshine

Privacy act of 1947

1966 law that allows citizens to obtain copies of most public records

A federal act that opens most federal administrative agency meetings to the public.

a law that gives citizens access to the government's files on them

Facts of the case
Agency's interpretation of the rule
The scope of the agency's authority

Must be supported by substantial evidence

Principal is liable for acts entered into by Agent when she gives Agent either actual or apparent authority