question
What is the purpose of an administrative agency?
answer
Government body formed to address issues
-posed by a particular law
-not easily resolved by three branches
Expertise/specialization permits better management of complex problems
-posed by a particular law
-not easily resolved by three branches
Expertise/specialization permits better management of complex problems
question
What are the three sources of administrative law?
answer
-Enabling statute
-Administrative procedures act (APA)
-Court Decisions
-Administrative procedures act (APA)
-Court Decisions
question
Which source of law creates the agency?
answer
Legislative power
question
From what body does the agency receive its authority to engage in rulemaking?
answer
Legislative power
question
Which source of law provides the formal procedures that agencies must follow?
answer
Judicial power
question
Around how many pages of regulations are issued by agencies every year?
answer
...
question
What is substantive rule and how much authority and force does such a rule carry?
answer
-Mandates
-Same force as statute enacted by congress
-Public notice and comment period required
-Same force as statute enacted by congress
-Public notice and comment period required
question
What is the procedure that must be followed when the agency engages in rulemaking?
answer
-Agency develops a new rule
-Published in federal register
-Interested parties provided opportunity to comment
-Relevant comments must be "considered"
-Rule promulgated, modified, or withdrawn
-Published in federal register
-Interested parties provided opportunity to comment
-Relevant comments must be "considered"
-Rule promulgated, modified, or withdrawn
question
Is the president's approval required under the rule making process?
answer
...
question
What kind of rule describes statements issued by agencies to provide guidance rather than mandates?
answer
Interpretative rules
question
In what ways can agencies legally obtain information about or from a business?
answer
-Monitoring and report data
-Public areas-no warrant
-Nonpublic areas-warrant req'd
-Exception: Heavily regulated industries
-Informal procedures
-Subpoena power
-Public areas-no warrant
-Nonpublic areas-warrant req'd
-Exception: Heavily regulated industries
-Informal procedures
-Subpoena power
question
Which constitutional amendment governs government searches of private property?
answer
Fourth Amendment
question
Does the requirement of a search warrant apply to search of a business or only to individual protection?
answer
Yes, unless it is a public place
question
When must an agency obtain a search warrant to inspect a facility?
answer
When it is private
question
Are there any exceptions to the requirement of a search warrant?
answer
Yes, in public areas and heavily regulated industries
question
What is the administrative equivalent to a court trial?
answer
Adjudicatory hearing
question
What threshold procedural requirements must be satisfied for judicial review of a challenge to an agency decision?
answer
-Ripeness Doctrine: agency decision must be final
-Exhaustion Doctrine: must complete agency appeals
-Jurisdiction: filed proper court-primarily USDC, but exceptions
-Reviewability: cannot review certain decisions-review prohibited by statute
-Standing: injury in fact req'd
-Exhaustion Doctrine: must complete agency appeals
-Jurisdiction: filed proper court-primarily USDC, but exceptions
-Reviewability: cannot review certain decisions-review prohibited by statute
-Standing: injury in fact req'd
question
In Lujan v. Defenders of Wildlife what standard did the court state must be met for a plaintiff to have standing?
answer
Congress cannot create standing when an injury in fact, a causal connection and redressability are not present.
question
What are the different levels (scope of review) of judicial review of an administrative action and when is each level applied?
answer
Low Intensity Review
-substantive determinations
-courts yield to agency judgement in technical/scientific matters
-agency action overturned only if arbitrary or capricious, or an abuse of discretion
High Intensity Review
-procedural requirements
Middle Intensity Review
-careful review of statutory interpretations
-substantive determinations
-courts yield to agency judgement in technical/scientific matters
-agency action overturned only if arbitrary or capricious, or an abuse of discretion
High Intensity Review
-procedural requirements
Middle Intensity Review
-careful review of statutory interpretations
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