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Administrative agency
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statutory creation within the executive branch with the power to make, interpret, and enforce laws
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Administrative law judge (ALJ)
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the judge of a federal-level administrative hearing
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Administrative Procedures Act (APA)
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a law that requires agencies to follow certain uniform procedures in making rules
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Arbitrary and capricious
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term used to describe agency action that ignores study findings and/or fails to follow APA procedural requirements
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Code of Federal Regulations
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a publication of the Federal Register System that contains all the regulations of all the federal agencies
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Complaint or petition
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the first legal document that is filed in a lawsuit and outlines the plaintiff's claim of rights
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Consent decree
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settlement (nolo contendere plea) of charges brought by an administrative agency
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Enabling act
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an act that empowers a person or an organization to deal with certain issues and problems
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Ex parte contacts
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contacts with one of the parties in a dispute without the knowledge of the others
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Exhausting administrative remedies
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the process those appealing an administrative law judge's (ALJ) decision must go through before being permitted to go to court; proceeding through all required lines of authority in the agency before challenging an agency decision
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Federal Privacy Act (FPA)
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a federal law that reduces exchange of information between agencies about individuals and businesses, unless done for enforcement reasons
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Federal Register
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a publication of the Federal Register System that provides a daily update on changes in the regulations and notices of hearings and rulemaking
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Federal Register Act (FRA)
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an act that requires the use of Federal Register for publishing information related to agency rules and regulations, notice of meetings, and presidential documents, that have general applicability
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Federal Register System
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that which oversees publication of federal agency information
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FOIA request
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a request to obtain agency information that is not published but available to the public
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Formal rulemaking
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the creation or modification of administrative rules, which requires presenting evidence along with a hearing on the record
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Freedom of Information Act (FOIA)
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a law that allows access to certain information possessed by federal agencies; it also requires that the agencies publicly disclose their procedures and decisions
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Government in the Sunshine Act
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an open meeting law that requires prior public notice of meetings of those agencies with heads appointed by the president
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Hearing examiner or hearing officer
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the judge of an administrative hearing
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Hybrid rulemaking
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a type of rulemaking that is a cross between formal and informal rulemaking
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Informal rulemaking
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the creation or modification of administrative rules without public hearings
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Injunction
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judicial orders that prohibit certain conduct or order certain acts
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Intervenors
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parties with an interest in the case between the agency and the party charged with a violation
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Nolo contendere
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a plea of no contest where the defendant accepts conviction but does not admit guilt
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Open meeting law
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a law that requires prior public notice of meetings of those agencies with chair positions appointed by the president
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Public comment period
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the period during which an administrative agency accepts public comments on the proposed rules; it cannot be fewer than 30 days under the Administrative Procedures Act (APA)
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Regulatory Flexibility Act
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a law that requires government agencies to review regulation in order to prevent unequal economic burden on small business owners and entities
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Substantial evidence test
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a test that requires more convincing evidence; clear and convincing evidence
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Sunset law
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a law that governs the continuation or termination of an agency
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U.S. Government Manual
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publication of the Federal Register System that lists all federal agencies; their regional offices along with addresses; and statistics about the agencies and their sizes
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Ultra vires
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a regulation that goes beyond the authority given to the agency in its enabling act
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Zero-based budgeting
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a budgeting method in which the agency starts with a zero budget each year and then is required to justify all its needs for funds