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Administrative Agency
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A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.
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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 being created.
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Legislative rules/substantive rules
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Rules that are as legally binding as laws that congress passes.
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Interpretive Rules
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Rules that do not change the law; they define or apply the laws to new situations.
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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, complex organization composed of appointed officials
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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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Rulemaking
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The formulation of new regulations, or rules.
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Notice-and-comment rulemaking
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A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.
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Federal Register
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A publication of the U.S. government that prints executive orders, rules, and regulations.
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Guidance Documents
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Advise the public on the agencies' legal and policy positions.
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Adjudication
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The resolution of the dispute through a hearing conducted by the agency.
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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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Initial order
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An agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed.