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Administrative Agency
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government body that administers and implements legislation. Combines legislative, executive, and judicial powers
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Agency's Regulations as Law
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-Agencies cannot act beyond their scope of authority
-Authority is not limited to the technology in existence at the time the agency was created
-Authority is not limited to the technology in existence at the time the agency was created
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Enforcement or Execution of the Law
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Agency has the power to investigate to determine law and rule violations and to determine if additional regulations are needed
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Inspection of Premises
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Allowed without a warrant unless dangerous to health or safety
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production of papers
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The 4th and 5th Amendments cannot be invoked
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Inspections and Reports
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The agency may require submission of periodic reports
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Beginning Enforcement - Preliminary Steps
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A private individual or agency may file a written complaint, which is served/answered
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The administrative hearing
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- No right to jury; administrative law judge (ALJ) hears the case
- Not subject to the rules of evidence
- Not subject to the rules of evidence
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streamlined procedures
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Practical devices used to resolve disputes
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The hearing process
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Interveners, interested third parties, can also participate
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The administrative agency decision
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Files an opinion with the findings of facts and reasons for the decision
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