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enabling legislation
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A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency.
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legislative rules
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An administrative agency rule that carries the same weight as a congressionally enacted statute.
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interpretive rules
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A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces.
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delegation doctrine
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A doctrine based on Article I, Section 8, of 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. The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.
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bureaucracy
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A large organization that is structured hierarchically to carry out specific functions.
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exhaustion doctrine
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In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.
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administrative process
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The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.
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notice-and-comment rulemaking
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An administrative rulemaking procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register.
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rulemaking
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The process by which an administrative agency formally adopts a new regulation or amends an old one.
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administrative law judge (ALJ)
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One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
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adjudication
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The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding.
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initial order
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In the context of administrative law, an agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed.
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final order
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The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
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consumer law
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The body of statutes, agency rules, and judicial decisions protecting consumers of goods and services from dangerous manufacturing techniques, mislabeling, unfair credit practices, deceptive advertising, and other such practices.
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deceptive advertising
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Advertising that misleads consumers, either by making unjustified claims about a product's performance or by omitting a material fact concerning the product's composition or performance.
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bait-and-switch advertising
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Advertising a product at an attractive price and then telling the consumer that the advertised product is not available or is of poor quality and encouraging her or him to purchase a more expensive item.
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multiple product order
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An order requiring a firm that has engaged in deceptive advertising to cease and desist from false advertising in regard to all the firm's products.
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counteradvertising
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New advertising that is undertaken to correct earlier false claims that were made about a product.
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"cooling-off" laws
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Laws that allow buyers of goods sold in certain transactions to cancel their contracts within three business days.
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Regulation Z
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A set of rules issued by the Federal Reserve Board of Governors to implement the provisions of the Truthin- Lending Act.
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validation notice
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An initial notice to a debtor from a collection agency informing the debtor that he or she has thirty days to challenge the debt and request verification.