Question 1

Administrative agencies aka bureaucracies

Accepted Answer

Are entities of government charged by the legislature with implementing, administrating, and adjudicating violations that fall within their jurisdiction/ expertise.

Administrative agencies can enforce laws and regulations, create new regulations through the rulemaking process, and conduct adjudicatory proceedings involving violations of laws or regulations.

Question 2

Administrative Agencies function

Accepted Answer

they are needed to afford business and the general public with a more focused, and hopefully more effective and efficient, response to recognized problems of society. various regulations and restrictions, the creation of bureaucracy-private agreements, and licensing requirements.

Question 3

Administrative agencies purpose

Accepted Answer

1. to guard the consuming public against the actions of overzealous members of the business community. 2. possess proficiency by having experts in relative areas. 3. greater certainty of what can and cannot be done.

Question 4

Max Weber

Accepted Answer

Theory of bureaucracy= all business tasks must be divided among the employees so that workers are well aware of their roles and worth, the ideal types of political leadership= traditional, rational-legal, and charismatic

Question 5

enabling legislation

Accepted Answer

This statute will determine the purpose and scope of activity within which the agency will function. Enabling legislation not only establishes the agency but also delegates the power to regulate in a specific area to the agency.

Question 6

delegation doctrine w case of J.W. Hampton Jr. co vs US

Accepted Answer

firmly establishes in this and later parts of the J.W. Hampton opinion that if Congress collectively decides to hand certain of their decision-making powers over to other branches to execute on their behalf, which is the heart of virtually all modern administrative actions, they may do so by passing a law—which is the heart of the proper exercise of legislative power which Hampton was questioning—that clearly and specifically authorizes the recipient of those powers (the bureaucracy, or the president) to do so.

Question 7

intelligible principle

Accepted Answer

seeks to enforce the understanding that Congress may not delegate the power to make laws and so may delegate no more than the authority to make policies and rules that implement its statutes.

Question 8

administrative procedure act

Accepted Answer

for the purpose of guaranteeing uniformity and fairness to all who are called to deal with federal administrative agencies and to provide a reasonably uniform set of rules for federal administrative agencies.

Question 9

Attorney General’s Guide to the APA by doing four specific things

Accepted Answer

1. Require agencies to keep the public informed regarding: produce, organization, and rules.

2. Develop methods of allowing public participation in the rulemaking process.

3. Production of uniform standards for agency rulemaking and adjudications.

4. Defines the scope of judicial review over agency decisions.

Question 10

rulemaking, enforcement, and adjudicatory functions of administrative agencies

Accepted Answer

First, administrative agencies are engaged in rulemaking. This is a quasi-legisla-tive function. Next, agencies are involved in enforcement—a quasi-executive function. Finally, agencies are charged with adjudicatory responsibilities. This is a quasi-judicial function. The exact nature of the function dictates the rights a business or industry possesses to influence the administrative process as it is occurring or challenge the process in court at a later time.

Question 11

formal rulemaking

Accepted Answer

First, members of the public are given notice of the proposed rule. The second step in the formal rulemaking process is a mandatory hearing (no jury). Upon conclusion of the mandatory hearing, a detailed report is prepared by the agency, with extensive coverage of all findings developed as a result of the evidence presented. the last stage is publishing the final rule, once again in the Federal Register.

Question 12

informal rulemaking

Accepted Answer

notice and comment rulemaking. The first step in this process is for the agency to provide notice of the proposed rule. agency invites interested parties to participate in a comment period during which written submissions may be presented to the agency.

Question 13

subpoena ad testificandum

Accepted Answer

an order from the agency to compel an unwilling witness to testify under oath at an administrative agency hearing.

Question 14

subpoena duces tecum

Accepted Answer

used to force an individual or entity to produce documents or other physical evidence

Question 15

exhaust administrative

Accepted Answer

...

Question 16

chevron doctrine

Accepted Answer

How much deference should a court give to an administrative agency’s own interpretation of a law that it is charged with administering?. if a plaintiff is challeng-ing the way in which an administrative agency is interpreting and resolving ambiguity in a law, and the agency is doing so in a way that harms the plaintiff’s interests (or business operations) whereas alternative interpretations of the very same law would not harm those interests, could that plaintiff not go into court to challenge the agency’s interpretation?

Question 17

Freedom of Information Act

Accepted Answer

provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or three exclusions

Question 18

Sunshine Act

Accepted Answer

requires that payments and transfers of value made by life science manufacturers to “Physicians” and “Teaching Hospitals” be reported

Question 19

Regulatory Flexibility Act

Accepted Answer

requires agencies to consider the impact of their rules on small entities and to evaluate alternatives that would accomplish the objectives of the rule without unduly burdening small entities when the rules impose a significant economic impact on a substantial number of small

Question 20

Small Business Regulatory Enforcement Fairness Act

Accepted Answer

designed to give small businesses assistance in understanding and complying with regulations and more of a voice in the development of new regulations. (also note that SBREFA basically builds on the foundation that RFA originally established).

Question 21

Federal Register

Accepted Answer

which contains current Presidential proclamations and Executive orders, Federal agency regulations having general applicability and legal effect, proposed agency rules, and documents required by statute to be published

Question 22

The Code of Federal Regulations (CFR)

Accepted Answer

annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.

MIE 305 Exam 2: ch.8 administrative law

Order an Essay Now & Get These Features For Free: