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adminsitrative agency
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government body that administers and implements legislation
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why were administrative agencies created
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to carry general policies specified by congress
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what is unique about administrative agencies
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combines legislative, executive, and judicial powers
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open operation of administrative agencies
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public has ready access to administrative agency activities
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federal register
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publication containing all federal regulations and notifications of regulatory agency hearings; updated 5 days a week
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agency's regulations as law
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agencies can't act beyond their scope of authority; authority is not limited to technology in existence at time agency was created
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congressional enabling act
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before an agency can begin rulemaking proceedings it must be given jurisdiction by congressional enactment in the form of a statute
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agency research of the problem
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after jurisdiction has been established, the agency has the responsibility to research the issues and various avenues of regulation for implementing the statutory framework. determines the cost and benefits of the problems, issues and solutions
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public comment period
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Time allowed for the public to express its views and concerns regarding an action of an administrative agency; at least 30 days
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options after public comment period
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agency can pass, promulgate, or withdraw rule
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enforcements or execution of law
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agency has power to investigate to determine law and rule violations and to determine if additional regulations are needed
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inspection of premises
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allowed without warrant unless dangerous to health or safety
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production of papers
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4th and 5th amendments cannot be invoked
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inspections and reports
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agency may require submission of periodic reports
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Beginning Enforcement - Preliminary Steps
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A private individual or agency may file a written complaint, which is served/answered
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administrative hearing
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no right to jury; administrative law judge hears case; not subject to rules of evidence
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streamlined procedure
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consent decrees: practical devices used to resolve disputes
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hearing process
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interveners, interested third parties, can also participate
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administrative agency decision
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files opinion with finding of facts and reasons for decision
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punishment and enforcement powers of agencies
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penalty and cease-and-desist order
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no judicial review until after agency's final decision unless
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there is no opportunity for relief; irreparable injury is possible; appeal to agency would be useless; or substantial constitutional question exists