Chapter 13: Administrative Law and Administrative Agencies

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Administrative Procedure Act

answer

helped to improve and strengthen the administrative regulatory process in the federal system and served as a model for states as well

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Enabling Act

answer

creates the agency, determines its structure, defines its functions and powers and established basic operational standards and guidelines

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Administrative Agencies

answer

regulate individual and business decision making by exercising legislatively delegated rule making, investigative and adjudicative powers

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Rule Making Power

answer

the authorization to make, alter or repeal rules and regulations to the extent specified in their enabling statutes

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Substantive Rules

answer

used to establish and implement policies that assist an agency in accompanying its statutorily established objectives (applies prospectively not retroactively)

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Interpretive Rules

answer

used to explain an agency's interpretation of an ambiguous statute or its understanding of the meaning of an important term that congress has neglected to define

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Procedural Rules

answer

developed to establish standard operating procedures within an agency

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Investigative Power

answer

agencies cannot operate without access to facts for intelligent regulation and adjudication (can shut a business down without warning)

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Adjudicative Power

answer

requires administrative agencies to make determinations of a targeted person's legal rights, duties, and obligations (hearings that resemble a court's decision making process)

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Administrative Law Judges

answer

conduct adjudicatory hearings. decide questions of fact and issues of law, limited to the evidence that is established on the record (not in the federal judiciary)

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Consumer Credit and Protection Act

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designed to promote the disclosure of credit terms and to establish rights and responsibilities of both creditors and consumers

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question

Administrative Procedure Act

answer

helped to improve and strengthen the administrative regulatory process in the federal system and served as a model for states as well

question

Enabling Act

answer

creates the agency, determines its structure, defines its functions and powers and established basic operational standards and guidelines

question

Administrative Agencies

answer

regulate individual and business decision making by exercising legislatively delegated rule making, investigative and adjudicative powers

question

Rule Making Power

answer

the authorization to make, alter or repeal rules and regulations to the extent specified in their enabling statutes

question

Substantive Rules

answer

used to establish and implement policies that assist an agency in accompanying its statutorily established objectives (applies prospectively not retroactively)

question

Interpretive Rules

answer

used to explain an agency's interpretation of an ambiguous statute or its understanding of the meaning of an important term that congress has neglected to define

question

Procedural Rules

answer

developed to establish standard operating procedures within an agency

question

Investigative Power

answer

agencies cannot operate without access to facts for intelligent regulation and adjudication (can shut a business down without warning)

question

Adjudicative Power

answer

requires administrative agencies to make determinations of a targeted person's legal rights, duties, and obligations (hearings that resemble a court's decision making process)

question

Administrative Law Judges

answer

conduct adjudicatory hearings. decide questions of fact and issues of law, limited to the evidence that is established on the record (not in the federal judiciary)

question

Consumer Credit and Protection Act

answer

designed to promote the disclosure of credit terms and to establish rights and responsibilities of both creditors and consumers

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