Administrative Law Flashcards
Are there four branches in administrative law?
no there are three but they are reffered as 4
There are more tan……………. federal administrative agencies.
100
Federal administrative agencies have become so important that they’re often called the ……………of government
fourth branch
What is the Administrative Procedures Act?
- Established notice and hearing requirements;
- Established rules for conducting agency adjudicative actions, and
- Established procedures for rule making.
What powers does the fourth branch have?
Federal administrative agencies
Legislative Powers
Licensing Powers
Executive Powers
Judicial Powers
What are the legislative powers of the federal administrative agencies?
they have the authority to issue substantive rules.
……………………….have the force of law
Sustantive rules
Statutes often require……………………………before a person can enter certain industries (like banks, tv stations, airlines) or professions (physicians, lawyers, CPAs).
the issuance of a government license
Most administrative agencies have the power to determine whether to………………… to applicants.
grant licenses
……………………..are physical inspections of businesses.
Administrative searches
Judicial Powers provide……………………..and…………………..
procedural due process and
substantive due process
The……………….gives respondents proper notice of allegations and a chance to present evidence.
procedural due process
The ………………………….clearly states the statute or rule that the respondent is charged with violating
substantive due process
What does ALJ stands for?
Administrative Law Judges
…………………….preside over administrative proceedings and decide questions of law and fact concerning the case. There is no jury.
ALJs
………………….are issued in the form of an order that states the reason for the decision.
ALJ decisions
What is necesary before a judicial Review of Agency Actions?
Case must be ripe.
Administrative exhaustion.
Final Order Rule – the decision of the agency must be final before judicial review is sought.
FOIA stands for?
Freedom of Information Act
TORA stands for?
Texas Open Records Act
………………….requires federal agencies to publish agency procedures, rules, regs, interpretations in the federal register.
FOIA
What does the Government in the Sunshine Act do?
Opens certain federal agency meetings to the public.
The………….protects persons from harassment by federal administrative agencies.
Equal Access to Justice Act
Do-Not-Call Registry is a…………….
joint project of two agencies
What are the two agencies in the Do-Not-Call Registry?
Federal Communications Commission (FCC) and
Federal Trade Commission.
………………..is the second largest government agency (only Defense is larger).
Department of Homeland Security
……………………….placed 22 existing federal agencies with nearly 200,000 employees under the DHS
The Homeland Security Act of 2002
What does FDA stands for?
Food and Drug Administration
……………………………..provides the basis for the regulation of testing, manufacturing, distribution, and sale of foods, drugs, cosmetics, and medicinal products.
Food and Drug Administration
FDA laws are supposed to…………..
Ensure the wholesomeness of food;
Encourage accuracy in labeling and packaging; and
Prevent injury to health.
“safe” contaminant levels for some foods:
Golden raisins ……………………–
Popcorn -…………………..
Peanuts - ………………………………
Can mushrooms-…………….
Tomato juice –………………..
35 fly eggs/8 oz 2 rodent hairs per lb 20 insects per 100 lbs 20 maggots/3 oz 10 fly eggs/3 oz
FDA can regulate medicinal devices like
heart pacemakers, dialysis machines, defibrillators, surgical equipment, and other diagnostic, therapeutic, and health devices.
How many drugs did the FDA test last year?
none
FDA does not test drugs, it relays on…………..
the drug manufacturs test
……………….is Responsible for enforcing federal employment discrimination laws
Equal Employment Opportunity Commission
What does the Consumer Product Safety Commission do?
Interprets/enforces CPSA; Safety tests consumer products; Collects data re injuries caused by products; Can require recalls; Can seize hazardous products; & Seek civil & criminal penalties.
………………………….enforces the Federal Trade Commission Act to prohibit unfair and deceptive trade practices.
Federal Trade Commission
Who regulates labor union formation, elections, bargaining with employees, and other labor matters?
The National Labor Relations Board
The …………………….Regulates radio, television, cable, and other broadcast media.
Federal Communications Commission
The…………………regulates the issuance, sale, and purchase of securities, including stocks and bonds.
Securities Exchange Commission
The…………………..is responsible for enforcing federal environmental protection laws
Environmental Protection Agency
Mention some of the Acts for the Environmental Protection Agency
Clean Air Act,
Clean Water Act,
Toxic Substances Control Act,
Resource Conservation and Recovery Act, Endangered Species Act.
CFR stands for?
Code of Federal Regulations
EPA stands for?
Environmental Protection Agency
………………………passes laws and………………..are created to regulate
Congress
agencies
the decision of the agency must be final before judicial review is sought is a……………
Final Order Rule
