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Administrative Agency
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form of government possessing provisions of a statue
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Interstate Commerce Act
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statue created first major administrative agency at federal level
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Administrative Procedures Act
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purpose of guaranteeing uniformity and fairness to all who are called to deal with federal administrative agencies
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Three powers of administrative agenciec
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rule making, enforcement, hear cases and issue rulings
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Legislative rules
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A direct extension of the legislative act an agency is created to administer and, therefore, have the force and effect of law
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Formal Rule Making Process
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1. members of public given notice
2.mandatory hearing
3. Detailed report after hearing
4.publishing final rule
2.mandatory hearing
3. Detailed report after hearing
4.publishing final rule
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informal rule making process
answer
1.provide notice of proposed rule
2. invite parties to participate in common period
3. Publication of law
2. invite parties to participate in common period
3. Publication of law
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hybrid rule making
answer
Combines best features of formal and informal rule-making; proposed rule published in Federal Register, with opportunity for public submission of written comments, then informal public hearing
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Executive agency
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administrated agency that reports up to members of presidents cabinet
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Independent agency
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agencies that exist outside of the federal executive departments
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Agencies are allow to violate what rule?
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4th amendment of search and seizures
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subpoena
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a court order requiring appearance and/or testimony or provide physical evidence
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Is right to jury required for agencies?
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No
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Authority exceeded
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challenge to agency action may be upheld by court where plaintiff is successful in showing that the agencies action exceeded the authority granted
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Incorrect Statutory Interpretation
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a challenge may succeed where agency didn't properly interpret
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Procedural Error
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making a mistake in following procedural laws
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Constitutional impediments
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agency action will be cancelled if constitutional rights were not allowed
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arbitrary and capricious
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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.
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3 tests for court reviews by agency
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de novo, substantial evidence, arbitrary and capricious
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de novo
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court makes independent decision
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substantial evidence
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review rule-making and review formal adjudication
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Freedom of Information Act
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Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy
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Privacy Act of 1974
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Restricts the way in which personal data can be used by federal agencies
Individuals must be permitted access to information stored about them and may correct any information that is incorrect.
Agencies must insure both the security and confidentiality of any sensitive information.
Individuals must be permitted access to information stored about them and may correct any information that is incorrect.
Agencies must insure both the security and confidentiality of any sensitive information.
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Sunshine Act
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adopted in 1977, this act requires that most government meetings be conducted in public and that notice of such meetings must be posted advance
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Open Government Act
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requires each agency to designate a FOIA liaison to resolve disputes; standardized annual reporting requirements for each agency's FOIA program; and a reason be given for any deletion made in a disclosed document
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