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Enabling Statue
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the statues that create an agency or give the agency explicit authority to implement a statue
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Administrative Agencies
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department, non department, and independent agencies
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Nondelegation Doctrine
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the doctrine that Congress may not give an agency so much rule making discretion that Congress abdicates its responsibility to exercise "[a]ll legislative Powers" granted in the Constitution
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Legislative Rules
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agency rules that have legal effect and impact rights of parties
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Code of Federal Regulations
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publication containing the rules promulgated by federal administrative agencies
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Nonlegislative Rules
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rules that are not legally binding on parties and express an agency's interpretation of a statue or describe the agency's policy views
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Informal Rulemaking
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under the APA, many of an agency's rulemaking duties are carried out through procedures that center on the concepts of notice, public comment, publication of final rule, and the opportunity to challenge a rule in court
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Formal Rulemaking
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procedures for rulemaking that are used only when Congress has specifically indicated in the enabling statue that the agency rules must be made "on the record after a hearing."
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Licensing
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a process through which administrative agencies regulate and administer laws
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Inspections
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the process through which some agencies monitor compliance with administrative agencies
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Prosecutorial Discretion
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agencies have broad discretion as to when and whom to regulate
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Administrative Law Judge (ALJ)
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the presiding officer in a quasi-judicial administrative hearing
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Arbitrary and Capricious Standard
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arbitrariness and capriciousness is found when an agency has taken action that is not based on a consideration of relevant factors, including viable alternatives available to the regulatory agency, or is a result of a clear error in judgement
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Citizen Suit
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lawsuit brought by any member of the public who is directly affected by a particular agency action (or inaction) against violators of a particular regulation and/or the administrative agency itself for failing to fulfill a duty imposed by a statue
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Freedom of Information Act (FOIA)
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a statue that gives the public the right to examine a great many government documents
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