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enabling legislation
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the statute by which a legislative body creates an administrative agency
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executive agencies
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administrative agencies that reside within the Executive Office of the President or within the executive departments of the president's cabinet
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ministerial power
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agency power used for routine performance of duties imposed by law
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discretionary power
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agency power that necessitates the exercise of significant discretion and judgment when they are employed
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subpoenas ad testificandum
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type of subpoena that may be used by an agency to compel unwilling witnesses to appear and testify at agency hearings
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subpoenas duces tecyum
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subpoenas used by an agency to compel the production of most types of documentary evidence like accounting records
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de novo review
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a new trial in which the entire case is retried
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consent order
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an agreement negotiated out of court where the signer do not admit wrongdoing, but they waive all rights to judicial review, agree to accept the outcome, and agree to stop the practice that started the trial in the first place
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sunset legislation
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legislation that Congress passes to ensure periodic congressional review of the initial decision to delegate legislative authority to an administrative agency
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Congressional Review Act (CRA)
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an agency regulation promulgated can be nullified by a majority vote in Congress if the regulation was issued within the preceding 60 legislative days
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ultra vires
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when an agency's action exceeded its authority as granted by its enabling legislation
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promulgate
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formally proclaim or make widely known