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Administrative law
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collection of the rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes
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Administrative agency
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Any government body created by the legislative branch to carry out specific duties
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Interstate Commerce Commission (ICC)
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first federal administrative agency; created to regulate the anticompetitive of railroads
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Enabling legislation
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Statutes that specifies the name, functions, and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience, and necessity
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Subpoena
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order to appear at a particular time and place and provide testimony
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Subpoena Duces Tecum
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an order to appear and bring specification documents
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Administrative law judge
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judge who presides over an administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision
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Consent order
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statement in which a company agrees to stop disruptive behavior but doesn't admit that it broke the law
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Order
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Binding decision rendered by a judge
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Executive agencies
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executive branch; appointed by the president with the advice and consent of the senate
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Independent agency
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not located within a gov. department governed by a board of commissioners who are appointed by the president with the advice and consent of the senate
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Hybrid agencies
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agency with characteristics of both
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Administrative procedures act (APA)
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federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies
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Informal rule making
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type of rule making in which an agency publishes a proposed rule in the federal register, considers public comments, and then publishes the final rule
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Federal register
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gov. publication in which an agency publishes each proposed along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule making process, and later publish the final rule
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Formal rule making
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Used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the federal register, public hearing, publication of formal findings and publication of the final rule if adopted
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Hybrid rule making
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combines formal and informal; consists of publications in the federal register, a written comment period, and on informal public hearing with restricted cross examination
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Interpretive rule
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rule that does not create any new rights or duties but is merely a detailed statement of an agency's interpretation of an existing law
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Policy statement
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General statement about the directions in which an agency intends to proceed with respect to its rule making or enforcement activities; has no binding impact on everyone
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Reg Neg
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type of rule making in which representatives of concerned interest groups and of the involved gov. agency participate in mediated bargaining sessions to reach an agreement, which is forwarded to the agency
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Political limits
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biggest constraint is the budget
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Statutory power
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Power to create or destroy an agency
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Judicial
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People can sue the agency
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Informational
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open access to gov.
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FOIA
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Federal agencies publish where they store information ; how to make and spend money
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gov. in sunshine act
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public meetings if agency headed to collegiate body
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Privacy act
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prohibits federal agencies from giving individuals information without written consent