Administrative Law Flashcards
Administrative law
A body of law created by
administrative agencies in the form
of rules, regulations, orders, and
decisions in order to carry out their
duties and responsibilities
administrative agency
A federal or state government
agency established to perform a
specific function. Administrative
agencies are authorized by
legislative acts to make and enforce
rules relating to the purpose for
which they were established.
enabling legislation
A statute enacted by a legislature
that authorizes the creation of an
administrative agency and specifies
the name, purpose, composition,
and powers of the agency being
created
adjudicate
To resolve a dispute using a neutral
decision maker
rulemaking
The actions undertaken by
administrative agencies when
formally adopting new regulations or
amending old ones
The Administrative Procedure Act imposes procedural requirements that federal agencies must follow in their rulemaking and other functions.
The most common rulemaking procedure involves three steps:
- The agency must give public notice of the proposed rulemaking proceedings,
must announce where public hearings will be held, and must convey the subject matter of the proposed rule. The notice must be published in the Federal
Register, a daily online publication of the U.S. government. - Following this notice, the agency must allow time for interested parties to
comment in writing on the proposed rule. After the comments have been
reviewed, the agency takes them into consideration when drafting the final
version of the regulation. - The last step is the writing of the final rule and its publication in the Federal
Register.
administrative law judge (ALJ)
One who presides over an
administrative agency hearing and
who has the power to administer
oaths, take testimony, rule on
questions of evidence, and make
determinations of fact.
