Administrative Agencies Flashcards
Who creates administrative agencies?
Congress
What do administrative agencies do?
creates the detailed rules and regulations necessary to carry out the statute
What are the three functions that make up the administrative process?
Administrator - enforcing laws
Quasi-Legislative - passing laws
Quasi-Judicial - resolving disputes
What kinds of rules can quasi-legislature make?
legislative rules/substantive rules that are LEGALLY BINDING
interpretive rules which declare policies and don’t affect legal rights or obligations
Who appoints administrators?
The President
Who hears quasi-judicial or administrative agency hearings?
- administrative law judges
- hearing officers
- trial examiners
Do quasi-judicial hearings make final decisions or recommend to the agency a decision?
recommend to the agency a decision
Is hearsay admissible in quasi-judicial court?
yes but not in normal court
Where do quasi-judicial hearings appeal to?
common pleas court
What is the exhaustion doctrine?
In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.
What is adjudication?
The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding
When making rules, the administrative agencies must use the “notice-and-comment rulemaking”. What are the 3 steps?
- notice of the proposed rulemaking
- a comment period
- the final rule
What is the difference between executive agencies and independent regulatory agencies?
executive agencies are appointed and managed by the president; independent regulatory agencies are outside the federal executive departments and the president’s power is less pronounced
What are the 9 ways to appeal the decision of an administrative agency?
- fraud
- abusive discretion
- bad faith
- no substantial evidence
- international wrongdoing
- arbitrary/capricious
- malice/bribery/prejudice
- unreasonableness
- unconstitutionality
What can you argue if you try to appeal using a basis of unconstitutionality?
you can argue that enabling acts OR regulations are unconstitutional
Thalidomide
morning sickness drug that was approved by the FDA only to resort to deformed babies
Laetrile
anti-cancer drug that FDA fought against and US Supreme Court deemed illegal
Aspartame
NutraSweet which FDA fought but republican president made legal because of economic opportunity
Dimethyl Sulfoxide
immense pain helper that FDA made illegal
