LAW 231 Unit 5

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.

An administrative agency rule that carries the same weight as a congressionally enacted statute.

A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces.

A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.

A large organization that is structured hierarchically to carry out specific functions.

In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.

The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.

An administrative rulemaking procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register.

The process by which an administrative agency formally adopts a new regulation or amends an old one.

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.

The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding.

In the context of administrative law, an agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed.

the final decision of an administrative agency on an issue

The body of statutes, agency rules, and judicial decisions protecting consumers of goods and services from dangerous manufacturing techniques, mislabeling, unfair credit practices, deceptive advertising, and so on. Consumer laws provide remedies and protections that are not ordinarily available to merchants or to businesses.

Advertising that misleads consumers, either by making unjustified claims regarding a product's composition, qualities, sponsorship, or performance or by omitting a material fact concerning the product's composition, qualities, sponsorship, or performance.

Advertising one product (the "bait") at a very attractive price, then informing the customer that the advertised product is either unavailable or of poor quality, convincing the customer to purchase a different, more expensive product. NOTE: Vague generalities and/or obvious exaggerations collectively called puffery -- are not deceptive.

An order requiring a firm that has engaged in deceptive advertising to cease and desist from false advertising in regard to all the firm's products.

New advertising that is undertaken to correct earlier false claims that were made about a product.

Laws that allow buyers of goods sold in certain transactions to cancel their contracts within three business days.

A set of rules issued by the Federal Reserve Board of Governors to implement the provisions of the Truth-in-Lending Act.

An initial notice to a debtor from a collection agency informing the debtor that he or she has thirty days to challenge the debt and request verification.

A civil wrong arising from exposure to a toxic substance, such as asbestos, radiation, or hazardous waste.

A common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property.

A document outlining the scope and purpose of a development project, describing the environmental context, suggesting alternative approaches to the project, and analyzing the environmental impact of each alternative.

Areas of land designated by government agencies as protected areas that support wildlife and that therefore cannot be filled in or dredged by private parties.

A party liable for the costs of cleaning up a hazardous waste-disposal site under the Comprehensive Environmental Response, Compensation, and Liability Act.

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