law midterm ch. 6 key terms (administrative agencies)

government body charged with administering and implementing legislation
ex. Federal Trade Commission
- Federal agencies = created to carry out general policies specified by congress
- examples = SEC, CPSC, FDA
- differ from legislative branch bc president-appointed w/ senate approval
- has legislative power to make laws and does so by promulgating regulations with public input

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

controls the actions and activities of most federal agencies that are not otherwise regulated
- public has access to AA activities via:
1. open records
2. open meetings
3. public announcement of agency guidelines

1966 law that allows citizens to obtain copies of most public records

1976 Sunshine Act law - gov't requires most meetings of major AAs to be open to the public

requires that proposed administrative regulation be published in the Federal Register

hears complain at administrative hearing, has authority to swear witnesses, take testimony, make evidentiary rulings, make a decision to recommend to the agency heads for action

practical devices used to settle administrative law complaints after wrongdoer business is notified of that complaint

another name for an administrative law judge (other levels of gov't)
- defendant = person/company accused of a violation of an administrative regulation

in administrative actions, third parties who have an interest in the issues being determined by an ALJ; permitted to participate

FTC can issue this to stop a practice it decides is improper; binding unless reversed on an appeal
- illustration of issuance of binding orders: environmental protection statutes adopted by states commonly give stage agency power to assess penalty for violating environmental protection regulations

the requirement that relief be sought from an administrative agency before proceeding to court
exceptions:
1. available remedies that provide no genuine opportunity for adequate relief
2. irreparable injury could occur if immediate judicial relief not provided
3. an appeal to AA that would be useless
4. substantial constitutional question that plaintiff has raised