question
administrative law
answer
the collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.
question
agency 3 powers
answer
judicial, legislative, and executive
question
administrative agency
answer
any government body created by the legislative branch to carry out specific duties.
question
interstate commerce commission (ICC)
answer
the first federal administrative agency; created to regulate the anti-competitive conduct of railroads
question
enabling legislation
answer
a statue that specifies the name, functions, and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience, and necessity.
powers included: rule making, investigation, and adjucation
powers included: rule making, investigation, and adjucation
question
rule making
answer
enabling statues permit adminstrative agencies to issue rules that control individual and business behavior. same effect as laws
question
Procedural Rules
answer
Rules regarding internal operations of an agency
question
Interpretive Rules
answer
rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility
question
legislative rules
answer
policy expressions that have the effect of law
question
investigation
answer
grant executive power to agencies to investigate potentioal violations of rules of stautes
question
subpena
answer
an order to appear at a particular time and place and provide testimony.
question
subpena duces tecum
answer
an order to appear and bring specified documents.
question
Adjucation
answer
enabling statues delegate judicial power to sgencies to settle or adjucate individual disputes that an agency may have with businesses or individuals.
question
administrative law judge (ALJ)
answer
a judge who presides over and administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision.
administrative law matters are heard only by an alj because there is no right to a jury trial in administrative agencies
a appeal then may be filed, the decision may be appealed to the court of appeals, if no appeals, alj order becomes final order. decisions of alj are upheld
administrative law matters are heard only by an alj because there is no right to a jury trial in administrative agencies
a appeal then may be filed, the decision may be appealed to the court of appeals, if no appeals, alj order becomes final order. decisions of alj are upheld
question
consent order
answer
a statement in which a company agrees to stop disputed behavior but does not admit that it broke the law.
question
order
answer
a binding decision rendered by a judge.
question
executive agency (cabinet-level agencies)
answer
An agency that is typically located within the executive branch, under one of the cabinet-level departments. The agency head is appointed by the president with the advice and consent of the Senate.
question
independent agency
answer
An agency that is typically not located within a government department. It is governed by a board of commissioners, who are appointed by the president with the advice and consent of the Senate.
serving fixed terms is said to make the commissioners less accountable to the will of the executive (thus the term independent agencies)
these agencies are to located within any department
serving fixed terms is said to make the commissioners less accountable to the will of the executive (thus the term independent agencies)
these agencies are to located within any department
question
difference between executive and independent agencies
answer
executive agencies tend to have repsosnbility for making rules covering the broad spectrum of industries and activites. independent agencies often called commissions, tend to have a more narrow authroity over many facets of an particular indsutry, focusing on such activites as rate making and licensing. Executive agencies have a tendecny to focus more on social regulation, independent agences mroe focused on economic regulation.
question
hybrid agency
answer
an agency that has characteristics of both executive and independent agencies.
question
administrative procedures act (APA)
answer
federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies.
question
informal rule making
answer
A type of rule making in which an agency publishes a proposed rule in the Federal Register, considers public comments, and then publishes the final rule. Also called notice-and-comment rule making.
question
federal register
answer
The government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule.
question
formal rule making
answer
A type of rule making that is used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted.
question
hybrid rule making
answer
A type of rule making that combines features of formal and informal rule making; consists of publication in the Federal Register, a written-comment period, and an informal public hearing with restricted cross-examination.
question
interpretative rule
answer
A rule that does not create any new rights or duties but is merely a detailed statement of an agency's interpretation of an existing law, including the actions a party is to take to be in compliance with the law.
question
policy statement
answer
A general statement about the directions in which an agency intends to proceed with respect to its rule-making or enforcement activities; has no binding impact on anyone.
question
reg-neg
answer
A type of rule making in which representatives of concerned interest groups and of the involved government agency participate in mediated bargaining sessions to reach an agreement, which is forwarded to the agency.
question
4 basic elements of agency power
answer
political , statuoery, judicial, and informational
question
substantial evidence
answer
refers to evidence that a reasonable mind could accept as adequate to support a conclusion. it is defined as "more a scintilla but less than preponderance" and consists of "such relevant evidence as a reasonable person would accept as adequate to support a conclusion.
question
freedom of information act (FOIA)
answer
Federal legislation that mandates and facilitates public access to government information and records, including records about oneself. Sensitive information (e.g., on national security) is excluded.
question
government in sunshine act
answer
it requires agency business meetings to be open to the public if the agency is headed by a collegiate body. a collegiate body consists of two or more persons, majority of whom are appointed by the president with the advice and consent of the senate.
question
privacy act of 1974
answer
a federal agency may not not disclose information about an individual to other agencies or organizations without that individual's written consent. this law guarantee's three primary rights: 1. the right to see records about oneself
2. the right to amend a nonexempt record if it is inaccurate, irrelevant, untimely, or incomplete.
3. the right to sue the government for violations of the statue
2. the right to amend a nonexempt record if it is inaccurate, irrelevant, untimely, or incomplete.
3. the right to sue the government for violations of the statue
question
political limitation
answer
the senate must approve agency heads; congress has power over agency budgets.
question
statutory limitations
answer
congress may create or eliminate agencies and amend enabling legislation; congress reviews and may override agency rules
question
judicial limitations
answer
interested parties may challenge administrative rules in the courts, which may review the agency's finding facts, its interpretation of the rule and the scope of the agency's power in making the rule.
question
informational limitations
answer
the freedom of information act, government in sunshine act, and the privacy act of 1974 specify agencies' responsibilities regarding public access to information.
question
Sly was a reporter for the local TV station. She was doing an investigative report on government spending and needed more information, so she filed a Freedom of Information Act (FOIA) request with the federal Internal Revenue Service (IRS). Sly requested information regarding the agency's budget for the past five years. The IRS denied Sly's request, but a court disagreed and ordered the IRS to turn over the information to Sly.
answer
Sly requested the personnel records of one of the senior-level employees at the IRS.Sly requested records related to the criminal investigation and possible prosecution of a local businessman for tax evasion.Sly filed a FOIA request for budget information from her state tax agency.
question
Read the overview below and complete the activities that follow.
Before beginning this interactive, make sure you read LO 4-8. This learning objective outlines the specific procedures administrative agencies must follow under the APA, and how these agencies are run. Furthermore, pay attention to the different types of limitations that branches of government impose on these agencies: statutory, political, informational, and judicial.
CONCEPT REVIEW:
In 1946, Congress passed the Administrative Procedures Act (APA) as a major limitation on how agencies are run. Before its passage, agencies could decide on their own how to make rules, conduct investigations, and hold hearings and trials. Under APA, very specific guidelines govern rule making by agencies. Furthermore, Congress imposes many different types of limitations on the power of administrative agencies to keep the agencies and employees of those agencies in line.
Mini Case:
Read the situations provided. Then, answer the accompanying questions.
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number four?
Before beginning this interactive, make sure you read LO 4-8. This learning objective outlines the specific procedures administrative agencies must follow under the APA, and how these agencies are run. Furthermore, pay attention to the different types of limitations that branches of government impose on these agencies: statutory, political, informational, and judicial.
CONCEPT REVIEW:
In 1946, Congress passed the Administrative Procedures Act (APA) as a major limitation on how agencies are run. Before its passage, agencies could decide on their own how to make rules, conduct investigations, and hold hearings and trials. Under APA, very specific guidelines govern rule making by agencies. Furthermore, Congress imposes many different types of limitations on the power of administrative agencies to keep the agencies and employees of those agencies in line.
Mini Case:
Read the situations provided. Then, answer the accompanying questions.
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number four?
answer
Judicial
question
Read the situations provided. Then, answer the accompanying questions.
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number three?
rev: 10_14_2020_QC_CS-234627
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number three?
rev: 10_14_2020_QC_CS-234627
answer
political
question
Read the situations provided. Then, answer the accompanying questions.
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number two?
rev: 10_14_2020_QC_CS-234627
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number two?
rev: 10_14_2020_QC_CS-234627
answer
informational
question
Read the situations provided. Then, answer the accompanying questions.
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number one?
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What type of limitation is illustrated in situation number one?
answer
statuory
question
Read the situations provided. Then, answer the accompanying questions.
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What is the purpose for these four limitations on agency power?
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
What is the purpose for these four limitations on agency power?
answer
to keep agencies from abusing their discretion
question
Read the situations provided. Then, answer the accompanying questions.
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
Which of the following is not a basic limit on agency power?
Each of the scenarios below outlines a different limit on agency power.
1. In 2008, Congress passed an amendment that lifted the statutory ban on the admission of people with HIV into the United States as part of the reauthorization of PEPFAR, the global AIDS bill now known as the Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. In doing so, Congress restored authority to the Department of Health and Human Services (HHS), the administrative agency responsible for public health, to determine whether someone's HIV status is grounds for denial of entry. Thus, Congress granted more power to the agency.
2. The Government in Sunshine Act requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. Because of this act, the Federal Trade Commission makes most of its decisions through discussions and voting by the board or commissions members, which are open to the public.
3. In 2004, Congress cut the budget for the National Science Foundation, an engine for research in science and technology, just two years after endorsing a plan to double the amount given to the agency. Supporters of scientific research, in government and at universities, noted that the cut came as lawmakers earmarked more money for local projects like the Rock and Roll Hall of Fame in Cleveland and the Punxsutawney Weather Museum in Pennsylvania.
http://www.nytimes.com/2004/11/30/politics/30spend.html
4. When the U.S. Supreme Court reviewed section 702 in Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970), the court said that for the plaintiff to have standing to seek judicial review of administrative action, two questions must be answered affirmatively: (1) Has the complainant alleged an "injury in fact"? and (2) Is the interest that the complainant seeks to protect "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question"?
Which of the following is not a basic limit on agency power?
answer
Informational
Political
Statutory
Judicial
Confiscatory
correct answer: confiscatory
Political
Statutory
Judicial
Confiscatory
correct answer: confiscatory
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