chapter 20

1. create "rules and regulations for the purpose of carrying out the Act"
2. conduct investigations of business practices
3. obtain reports from interstate corporations concerning their business practices
4. investigate possible violations of federal antitrust statutes
5. publish findings of its investigations
6. recommend new legislation
7. hold trial-like hearings to resolve certain kinds of trade disputes that involve FTC regulations or federal antitrust laws

administrative agency rule that carries the same weight as a congressionally enacted statute

doctrine, based on the u.s. constitution, which has been construed to allow congress to delegate some of its power to make and implement laws to administrative agencies

procedure used by administrative agencies in the administrative of law

actions of administrative agencies when formally adopting new regulations or amending old ones

1. notice of the proposed rulemaking
2. a comment period
3. the final rule

1. failed to provide a rational explanation for its decision
2. changed its prior policy without justification
3. considered legally inappropriate factors
4. failed to consider a relevant factor
5. rendered a decision plainly contrary to the evidence

administrative agency rule that explains how the agency interprets and intends to apply the statutes it enforces

an ordinary subpoena; a writ, or order, compelling a witness to appear at an agency hearing

compels an individual or organization to hand over books, papers, records, or documents to the agency

a proceeding before an administrative law judge on issues dealing with the administrative agency

-negotiated settlements
-formal complaints
-hearings
-the role of the administrative law judge
-hearing procedures
-agency orders

complaint --> answer --> hearing before administrative law judge --> order of administrative law judge --> appeal to governing hoard of agency --> final agency order --> court review --> court order

1. did congress directly address the issue in dispute in the statute? if so, statutory language prevails

2. if statute is silent or ambiguous, is the agency's interpretation "reasonable"? if it is, a court should uphold the agency's interpretation, even if the court would have interpreted the law differently

requires federal government to disclose certain records to any person on request, even if no reason is given for the request

requires "every portion of every meeting of an agency" be open to "public observation" as well as public provided with adequate advance notice of the agency's scheduled meeting and agenda

agency must conduct regulatory flexibility analysis for any new regulation that has a "significant impacts upon substantial number of of small entities"

intended to ease the regulatory burden on small businesses