LLAW 160 EXAM: Chapter 5 Administrative Law

question

Administrative law

answer

the body of law concerned with administrative agencies, administrative law consists of rules, regulations, orders, and adjudication.

question

regulations

answer

the substance of what an agency can or cannot regulate

question

rules

answer

the process of regulation, how it can regulate

question

Administrative Agency

answer

a government agency whos powers are derived from all three branches of government. They exist at both the federal and state level. They can sometimes be independent of the executive branch.

question

Executive departments

answer

administrative bodies headed by a single person, ultimately answerable to the President. EX: department of justice, department of treasury, department of homeland security.

question

Independent agencies

answer

administrative bodies empowered to regulate some policy area EX: Environmental protection agency & Federal trade commission

question

Enabling Statute

answer

a statute that creates an administrative agency and typically also authorizes it to perform specific functions

question

Administrative procedures act

answer

law that mandates procedures for federal administrative agencies- divided into 3 categories, rule making, investigative/enforcement, and adjudication

question

All administrative agencies are housed within the executive department

answer

False

question

Subpeona

answer

an order directing a person to appear at a certain time and place for the purpose of given testimony as a witness

question

Administrative agencies exist at both the state and federal level

answer

True

question

Administrative agencies have powers similar to

answer

All three branches of government

question

Rulemaking process contains the following elements:

answer

notice, public comments, publishing of regulation in federal register, response to comments, and written record

question

the heads of independent agencies serve at the whim of the president

answer

false

question

the purpose of effective dates on agency regulations is to allow stakeholders time to comply with new regulations following the enactment

answer

True

question

agencies must modify proposed regulations to reflect the content of the comments made during the notice and comment period prior to final regulation

answer

False

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Negotiated Rulemaking

answer

a process to bring together representatives of a rulemaking agency and stakeholders (parties) are invited to participate in the drafting of a rule

question

Enabling statutes include

answer

a description of the scope of authority delegated to an administrative agency

question

courts have interpreted the fourth amendment to suggest there is a reduced expectation of privacy in commercial businesses than private residences

answer

true

question

an agencies ability to enforce its rules is expressly and specifically detailed in the administrative procedures act

answer

False

question

administrative law judges are often employees of the same agency prosecuting the alleged wrongdoer in a case

answer

True

question

a cease and desist order is an example of an equitable remedy

answer

true

question

cease and desist order

answer

a command from an administrative agency that the subject party refrain from certain acts

question

courts will not disturb the factual conclusions of administrative law judges

answer

true

question

many states have their own FOIA act that resembles the federal FOIA act

answer

true

question

Administrative law judge

answer

a government employee appointed to hear and decide matters in administrative agency hearing

question

Freedom of information act

answer

the federal law requiring the federal government to disclose most public records to any person on request

question

Government in the Sunshine Act

answer

requirement that most meetings of federal agencies be open to the public observation and that notice be given in advance before agency meetings

question

Regulatory Flexibility Act

answer

requiring agencies to consider effects of regulatory actions on small businesses and other small entities

question

judicial review

answer

the power of the courts to review administrative agencies action

question

De Novo review

answer

A complete reevaluation of an issue, finding, or case as if the original decision had never been made. An appeal treated like an entirely new proceeding.

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question

Administrative law

answer

the body of law concerned with administrative agencies, administrative law consists of rules, regulations, orders, and adjudication.

question

regulations

answer

the substance of what an agency can or cannot regulate

question

rules

answer

the process of regulation, how it can regulate

question

Administrative Agency

answer

a government agency whos powers are derived from all three branches of government. They exist at both the federal and state level. They can sometimes be independent of the executive branch.

question

Executive departments

answer

administrative bodies headed by a single person, ultimately answerable to the President. EX: department of justice, department of treasury, department of homeland security.

question

Independent agencies

answer

administrative bodies empowered to regulate some policy area EX: Environmental protection agency & Federal trade commission

question

Enabling Statute

answer

a statute that creates an administrative agency and typically also authorizes it to perform specific functions

question

Administrative procedures act

answer

law that mandates procedures for federal administrative agencies- divided into 3 categories, rule making, investigative/enforcement, and adjudication

question

All administrative agencies are housed within the executive department

answer

False

question

Subpeona

answer

an order directing a person to appear at a certain time and place for the purpose of given testimony as a witness

question

Administrative agencies exist at both the state and federal level

answer

True

question

Administrative agencies have powers similar to

answer

All three branches of government

question

Rulemaking process contains the following elements:

answer

notice, public comments, publishing of regulation in federal register, response to comments, and written record

question

the heads of independent agencies serve at the whim of the president

answer

false

question

the purpose of effective dates on agency regulations is to allow stakeholders time to comply with new regulations following the enactment

answer

True

question

agencies must modify proposed regulations to reflect the content of the comments made during the notice and comment period prior to final regulation

answer

False

question

Negotiated Rulemaking

answer

a process to bring together representatives of a rulemaking agency and stakeholders (parties) are invited to participate in the drafting of a rule

question

Enabling statutes include

answer

a description of the scope of authority delegated to an administrative agency

question

courts have interpreted the fourth amendment to suggest there is a reduced expectation of privacy in commercial businesses than private residences

answer

true

question

an agencies ability to enforce its rules is expressly and specifically detailed in the administrative procedures act

answer

False

question

administrative law judges are often employees of the same agency prosecuting the alleged wrongdoer in a case

answer

True

question

a cease and desist order is an example of an equitable remedy

answer

true

question

cease and desist order

answer

a command from an administrative agency that the subject party refrain from certain acts

question

courts will not disturb the factual conclusions of administrative law judges

answer

true

question

many states have their own FOIA act that resembles the federal FOIA act

answer

true

question

Administrative law judge

answer

a government employee appointed to hear and decide matters in administrative agency hearing

question

Freedom of information act

answer

the federal law requiring the federal government to disclose most public records to any person on request

question

Government in the Sunshine Act

answer

requirement that most meetings of federal agencies be open to the public observation and that notice be given in advance before agency meetings

question

Regulatory Flexibility Act

answer

requiring agencies to consider effects of regulatory actions on small businesses and other small entities

question

judicial review

answer

the power of the courts to review administrative agencies action

question

De Novo review

answer

A complete reevaluation of an issue, finding, or case as if the original decision had never been made. An appeal treated like an entirely new proceeding.

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