Question 1

administrative agencies

Accepted Answer

describes all the boards, bureaus, commissions, and organizations that make up the governmental bureaucracy.

Question 2

administrative agencies exist at

Accepted Answer

the federal, state, and local levels to implement the laws and policies passed by legislative bodies and signed by elected executives.

Question 3

administrative agencies do what

Accepted Answer

create and enforce the majority of all laws constituting the legal environment of business

Question 4

reasons for agencies

Accepted Answer

provide specificity, provide expertise, provide protection, provide regulation, provide services

Question 5

functions of agencies

Accepted Answer

Administrative agencies tend to possess functions of the other three branches of government, including: Rule making, Adjudicating, Advising, and Investigating

Question 6

rule making

Accepted Answer

Agencies exercise their quasi-legislative power by issuing rules and regulations that have the force and effect of law

Question 7

guidelines for rule making

Accepted Answer

Guidelines are issued by agencies to supplement rules. Guidelines are administrative interpretations of the statutes that an agency is responsible for enforcing. While guidelines can be helpful in understanding an agency's policy, these guidelines do not have the same force of law that rules and regulations do

Question 8

adjudicating

Accepted Answer

The quasi-judicial function involves both fact-finding and applying law to the facts. If violations of the law are found, sanctions, such as a fine or other penalty, may be imposed

Question 9

case settlements

Accepted Answer

Many cases before agencies are settled by agreement before a final decision. Such a settlement results in the issuance of a consent order, which requires that the organization or individual accused admit to the jurisdiction of the agency and waive all rights to seek a judicial review.

Question 10

<div class="dxv8pid"><p>advising </p></div>

Accepted Answer

The advisory function of an administrative agency may be accomplished by making reports to the President or to Congress. Agencies also report information to the general public that should be known in the public interest, and they publish advisory opinions

Question 11

advisory opinions

Accepted Answer

are not as binding as formal rulings, but they do give a business an indication of the view an agency would take if the practice in question were challenged formally

Question 12

investigating

Accepted Answer

One of the major functions of all agencies is to investigate activities and practices that may be illegal. In exercising their investigative functions, agencies may use the subpoena power and require reports, examine witnesses under oath, and examine and copy documents, or they may obtain information from other governmental offices

Question 13

organization of agencies

Accepted Answer

Administrative agencies, boards, or commissions usually consist of five to seven members, one of whom is appointed as chair.  Appointments at the federal level require Senate confirmation, and appointees are not permitted to engage in any other business or employment during their terms

Question 14

chairperson

Accepted Answer

is designated as such at the time of nomination by the president and is the presiding officer at agency meetings

Question 15

<div class="dxv8pid"><p>secretary </p></div>

Accepted Answer

is responsible for the minutes of agency meetings and is legal custodian of its records

Question 16

general counsel

Accepted Answer

the chief law officer and legal advisor

Question 17

advisory councils

Accepted Answer

are comprised of persons not employed by the agency but interested in its mission

Question 18

executive director for administration

Accepted Answer

is the chief operating official of an agency and supervises usual administrative functions such as accounting, budgeting, and personnel.

Question 19

administrative law judges

Accepted Answer

hear cases of alleged law violations and apply the law to the facts. The members of the agency board or commission hear only appeals from the decisions of the administrative law judges

Question 20

due process of law

Accepted Answer

requires that before a rule or regulation may be adopted by an agency, interested parties must be given notice of the proposed rules and an opportunity to express their views on them

Question 21

public hearings

Accepted Answer

interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule or regulation

Question 22

citizens can

Accepted Answer

write letters to agencies to obtain action or a change in policy. Alternatively they may direct letters to members of Congress, who in turn can ask the agency for an official response or explanation. Investigations by congress may result in either budget cutbacks or increases

Question 23

standing to sue

Accepted Answer

Any party seeking the judicial review of any administrative agency's decision must be able to prove standing to sue

Question 24

reviewability

Accepted Answer

Is the action or decision of the agency subject to judicial review?

Question 25

aggrieved party

Accepted Answer

Is the plaintiff “an aggrieved party”? Generally a plaintiff must have been harmed by an administrative action or decision to have standing

Question 26

review of rule making

Accepted Answer

The rule-making function in the administrative process is essentially legislative in character. An administrative agency must propose rules and regulations within the confines of its grant of power from the legislature, or a court will find the proposal void. There are two basic issues in litigation challenging the validity of a rule made by an administrative agency

Question 27

is the delegation valid

Accepted Answer

Delegation of quasi-legislative authority to administrative agencies is subject to two constitutional limitations: It must be definite. A delegation of authority that is not definite will violate due process, and It must be limited.

Question 28

has the agency exceeded its authority

Accepted Answer

Courts will hold that an agency exceeds its authority if an analysis of legislative intent confirms that the agency has gone beyond that intent

Question 29

exhaustion of remedies

Accepted Answer

The doctrine of exhaustion of remedies is a court-created rule that limits when courts can review administrative decisions. Courts refuse to review administrative actions until a complaining party has exhausted all of the administrative remedies and procedures available to him or her for redress. Judicial review is available only for final actions by an agency

Question 30

primary jurisdiction

Accepted Answer

applies when a claim is originally filed in the courts. It comes into play whenever enforcement of the claim requires the resolution of issues that, under a regulatory scheme, have been placed within the special competence of an administrative body

Question 31

factual determinations

Accepted Answer

When a court reviews the findings of fact made by an administrative body, a court presumes them to be correct. 1. Courts do not Reweigh the evidence, Make independent determinations of fact, or Substitute their view of the evidence for that of the agency.

2. Courts do determine if there is substantial evidence to support the action taken. But in their examination of the evidence, all that is required is evidence sufficient to convince a reasonable mind to a fair degree of certainty.

Question 32

equal access to justice act

Accepted Answer

Act requires the federal government to pay the reasonable attorney's fees of small businesses, nonprofit groups, and most individuals who can show they were unjustly treated by the federal government

Question 33

to obtain payment of legal fees

Accepted Answer

a party must overcome the government's position in court and prove that the government's position was not substantially justified.

Question 34

regulation does this

Accepted Answer

significantly adds to the cost of doing business, and these costs are passed on to the taxpaying, consuming public and may protect existing companies by creating a barrier to entry into a market.

Question 35

to keep track of regulation

Accepted Answer

all levels of government requires personnel beyond that which most businesses can afford. The cost of a business “keeping up” with new rules and regulations is balanced against the cost of being out of compliance

Question 36

existence of a governmental agency

Accepted Answer

usually forces a business subject to the agency's jurisdiction to create a similar bureaucracy within its own organization to deal with the agency

Question 37

high cost to business

Accepted Answer

in the form of a large amount of paperwork

LAW FINAL: admin law and corp governance

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