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Arbitrary or Capricious
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i.e is there a rational reason for the agency's decision
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Delegation
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Passing on activities to other groups to lessen your work load
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Deregulation
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take away/ get rid of regulations
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Economy-wide
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Regulatory agencies that regulate issues across multiple industries/ businesses (ex: Federal Trade Commission)
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Enabling Statute
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Creates and provides administrative agencies with their powers; given by Congress and sets strict guidelines on what they can and can't do
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Executive Agencies
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part of executive branch and DEPENDENT on president to keep job; get power from Congress through enabling statute
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Formal Rule-Making
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Formal Rule Making Steps:
-Agency recognized need for rule
-Agency promulgates draft of the proposed rule
-Must publish "Notice of proposed rule-making" in -------Federal Register including...
--Hearing dates, time, place, and nature of proceedings
--Legal authority
--Description of issues
--Min of 30 days' notice
-Agency recognized need for rule
-Agency promulgates draft of the proposed rule
-Must publish "Notice of proposed rule-making" in -------Federal Register including...
--Hearing dates, time, place, and nature of proceedings
--Legal authority
--Description of issues
--Min of 30 days' notice
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Imminently Hazardous Consumer Product
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a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury.
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Independent Agencies
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multi-headed boards and commissions that have a SET term limit (ie CAN'T be fired by prez); appointed by current prez; supposed to stay NONPOLITICAL
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Industry- Specific
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Regulatory agency meant to control one business (ex: SEC or ICC)
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Informal Rule-Making
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Informal Rule-Making Steps PREFFERED:
-Agency recognizes need for rule
-Agency promulgates draft of the proposed rule
-Gives notice required by APA of printing in Federal Register
-Public can send in written comments (30 days)
-Agency can revise or completely ignore
-Final draft published in Federal Register
-Agency recognizes need for rule
-Agency promulgates draft of the proposed rule
-Gives notice required by APA of printing in Federal Register
-Public can send in written comments (30 days)
-Agency can revise or completely ignore
-Final draft published in Federal Register
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Labeling Standards
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require warning labels on products
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Standing
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party must show they are affected by actions of agent and that they are aggravated (adjudicatory cases)
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Substantial Evidence Test
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agency decision must be based on a SUBSTANTIAL piece of evidence; standard for appeal
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Sunset Laws
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set time limit of agencies (which can be renewed) that pushes them to "say in line" to remain popular/ relevant to be renewed
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restraint of trade
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any agreement between two or more parties that substantially reduces competition in the marketplace
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Per Se Violation
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Agreements blatantly labeled anticompetitive and are always considered violations; court's must make an automatic guilty decision
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Rule of Reason Violation
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Agreements that may lessen competition to some degree but they may also create benefits that arguably outweigh the damage they do to market competition; courts reserve the right to hear case