Administrative Law Flashcards
(48 cards)
The federal government’s ability to create______agencies is implied in the _______________
administrative Constitution
There are more than __________federal Administrative agencies
100
Administrative agencies have become so important they are often referred to as _________
fourth branch of government
Administrative Procedures Act Established 3 things
Notice and hearing requirements.
Rules for conducting agency adjudicative actions
Procedures for rule making.
Administrative agencies have power under ________branches of government
All three
Many agencies have the authority to issue ___________rules.
substantive
Rules made by these agencies have the _________________
force of law
___________ often require the issuance of a government license before a person can enter into certain industries or professions
statutes
Name three industries or professions that require licenses
banks, airlines, physicians, lawyers
Rules issued by administrative agencies are an example of __________
Legislative Powers
Licenses issued by administrative agencies is an example of ______________
Licensing Powers
Subpoena and physical inspections of business are an example of __________
Executive Powers
procedural due process and substantive due process are examples of _____________
Judicial Powers
Procedural due process
gives respondents proper notice of allegations and a chance to present evidence
Substantive due process
clearly states the statute or rule that respondent is charged with violating.
ALJ
Administrative Law Judges
ALJ’s preside over ____________and decide questions ______________
administrative proceedings
law and fact
Is there a jury in administrative proceedings
No
How are ALJ decisions issued
In the form of an order that states the reason for the decision
Name 3 things needed for Judicial Review of Agency Actions
Case must be ripe
Administrative exhaustion
Final Order Rule
Final Order Rule
the decision of the agency must be final before judicial review is sought.
FOIA
Freedom of Information Act
What does FOIA do
Requires federal agencies t publish agency procedures, rules, regs and interpretations in the federal register
Government in the Sunshine Act
Opens certain federal agency meetings to the public.
