LEGL 2700 CH15

An organization, usually a part of the executive branch of government, that is created to serve a specific purpose as authorized by the legislative branch

This term describes the rule-making functions of administrative agencies

Administrative actions involving factual determinations and the discretionary application of rules and regulations

- Specificity
- Expertise
- Protection
- Regulation
- Services

- Rule Making
- Adjudicating
- Advising
- Investigating

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

Guidelines do not have the same force of law as rules and regulations do

The quasi-judicial function involves both fact-finding and applying the law to the facts

The sanction that may be issued by an administrative agency to prevent a party from violating the law

Any court or regulatory order to which the opposing party agrees; a contract of the parties entered upon the record with the approval and sanction of a court

Complaint alleged that PayPal had signed customers up for its credit product without their permission

Making reports to the president or to Congress

The Funeral Rule, enforced by the Federal Trade Commission (FTC), allows you to compare prices among funeral homes, and makes it possible for you to select the funeral arrangements you want at the home you use.

Investigate activities and practices that may be illegal
- Subpoena power to require reports
- Examine witnesses under oath

Civil fraud investigation into Robinhood over failure to disclose its practice of selling clients' orders to high-speed trading firms

- 5 to 7 members
- One is appointed as chair
- Appointments require senate confirmation
- Appointees are not permitted to engage in any other business or employment during their term

Designated at the time of nomination by the president and is the presiding officer at agency meetings

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

The chief operating official of an agency and supervises usual administrative functions

An individual who is responsible for coordinating all law-related issues, such as the quasi-judicial hearings in administrative agencies

Limits the removal of board members
- The decision to remove is vested in the SEC
- Because the board members can not be removed except for cause

The individual employed by an administrative agency who is in charge of hearing the initial presentations in a quasi-judicial case

1. Reviewability
2. Aggrieved Party

Is the action or decision of the agency subject to judicial review?
- Does the statue preclude review?
- Is the agency action committed to agency to discretion by law?

Is the plaintiff "an aggrieved party"?
- Person suffered legal wrong because of agency action OR
- Adversely affected of aggrieved by agency action

Plaintiff's injury was fairly traceable to the biological opinion issued by the Fish and Wildlife Service that could be redressed by a favorable decision

Is the delegation valid?
- Must be Definite and Limited
Has the agency exceeded it authority?

Court ruled that FDA exceed authority by regulating tobacco

1. Exhaustion of remedies
2. Primary Jurisdiction

A concept used in administrative law that requires any party to an administrative proceeding to give the administrative agency every opportunity to resolve the dispute before appealing to the court system

A doctrine used by reviewing courts to determine whether a case is properly before the courts or whether it should be heard by an administrative agency first since such an agency might have expertise superior to the courts

When it reviews the findings of fact made by an administrative body, a court presumes them to be correct

A court of review examines the evidence by analyzing the record of the agency's proceedings. It upholds the agency's findings and conclusions on questions of fact if they are supported by substantial evidence in the record

- Adds to the cost of doing business
- Consumers pay both direct and indirect costs
- Burden of documentation
- Can cause businesses to become more and more bureaucratic