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Administrative agency
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A government body charged with administering and implementing legislation
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4th amendment exception
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Agencies can investigate without warrants when warrant can be a danger to health and safety
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Administrative law
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Controls actions and activities of most federal agencies that are not otherwise regulated
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Freedom of Information Act
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Provides that information contained in records of federal administrative agencies is available to citizens on proper request
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Open Meeting Law
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Requires that proposed administrative regulation be published in the Federal Register
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Regulatory Flexibility Act
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All proposed rules be published in trade journals of trades being affected by it
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Public Comment Period
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30 days;
Those affected write letter that is filed with the agency or hearings conducted by the agency;
After agencies can pass, promulgate, or withdraw the rule
Those affected write letter that is filed with the agency or hearings conducted by the agency;
After agencies can pass, promulgate, or withdraw the rule
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Administrative law judge (ALJ)
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Hears complaint and has authority to swear witnesses, take testimony, make evidentiary rulings, and make decision to recommend to the agencies heads for action
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Informal settlements or consent decrees
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Practical devices used to settle administrative law complaints after wrongdoer business is notified
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Administrative Dispute Resolution
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Encourages consent decrees and other alternatives to expedite cases
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Cease and desist order
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Stop a practice that the FTC decides is improper;
Order is bind unless reversed on an appeal
Order is bind unless reversed on an appeal
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Consent decrees exhaustion of administrative remedies
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Parties in administrative actions are required to go through this administrative process before they can take action to court
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Appeal from AA decision
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If decision made w/w following procedure;
If court disagrees with legal interpretation;
If agency decision is beyond granted power;
If decision is arbitrary and capricious
(Must give reasons if change decision)
If court disagrees with legal interpretation;
If agency decision is beyond granted power;
If decision is arbitrary and capricious
(Must give reasons if change decision)
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