Chapter 13: Government Law

Body of law that relates to the rules, orders and decisions of administrative agencies as well as the enabling acts that create them, the procedural law that directs them, and the court opinions that interpret them.

The federal statute establishing standards for the actions of agencies when engaging in rule-making and adjudications, and the criteria for judicial review of agency actions, comparable to similar state statutes.

A legislative enactment that creates an administrative agency and establishes the agency's structure, function and powers.

A department within the executive branch of government, the head or secretary of which is appointed, with Senate approval, by the chief executive, and serves at the pleasure of the chief executive.

Administrative agency governed by a commission or board of directors who serve fixed terms and cannot be removed except for cause.

A transfer of the obligation to perform a contract to a third party; also a doctrine enunciated by the courts that permits legislature to pass authority to administrative agencies as necessary and proper to carrying out its legislative authority.

Authority of agency to investigate violations of rules and orders, utilizing power to subpoena and conduct administrative searches.

Authority of agency to set forth standards or policy to be applied prospectively to all engaged in a particular regulated industry or activity.

Authority of agency to decide a matter through the application of its rules to a particular party.

Requirement that a party complete all levels of review within an administrative agency's structure before requesting judicial review of agency action.

Protection provided by Fifth and Fourteenth Amendments to the U.S. Constitution that requires a proceeding which is reasonable practical and fair under the circumstances of the particular case.

Court review of final agency action on issues of law usually afforded an aggrieved party when the agency has violated the Constitution, committed a procedural error, or exceeded its statutory authority.

Requirement that a party be personally and adversely affected by agency action before seeking judicial review.

One who has suffered a personal or pecuniary interest in agency action.

Requirement that the facts have been fully heard and clarified by an agency before being reviewed by a court.

Legislation that requires agencies to make opinions, policy, interpretive statements, staff manuals and instructions, and other records available to the public unless except, such as personal matters, investigative records, intra-agency memoranda or an unwarranted invasion of privacy.

Federal legislation that requires an agency to hold open public meetings and hearings.

Federal legislation that provides for the award of attorneys' fees and other expenses to eligible individuals and small entities that are prevailing parties in litigation against the government's position was "substantially justified."

Federal legislation that provides access to data and information an agency may have regarding a person or business.