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legislative branch
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makes laws (congress)
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judicial branch
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interprets the laws (supreme court)
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executive branch
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enforces laws (president)
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administrative agencies are created by
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statutes (laws passed by a legislative body)
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administrative agencies are housed in
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the executive branch
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goal of administrative agencies
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protect and serve the public
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consequences of rules vs laws
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rules you cannot be thrown in jail, rules have to have the consequences explicitly spelled out, even though they do have the force and effect of law
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who sets forth a process for rule-making of administrative agencies
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federal administrative procedure act and state analogs
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where are notices published
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federal register and NC state register + agency website
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ways these rules may come about
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agency may decide to publish rule, may be required to by legislation, or based on public petitioning
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in NC, once an agency adopts a rule, it goes
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through a second review process by the Rules Review Commission
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if people are unhappy with a rule ...
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they can file a bunch of objections until it gets to the rules review commission and triggers state review
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administrative agencies making law
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they do enforcement actions, which can become de facto law, especially if they are in regards to negligence or standard of care
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checks and balances: executive
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governor/president appoints members of the administrative agency and can take them off the board and replace if they are exercising power in a bad way
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checks and balances: legislative
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rules review commission, legislative branch can take away power or money if they do not like what administrative agency is doing, slow process
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checks and balances: judicial
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court of review of an agency's exercise of authority, can argue to supreme court if wrongful enforcement action took place
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litigation (taking legal action) against an administrative agency
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figure out agency's substantive and procedural authority and bring that up, great policy making tool although somewhat abused
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