Administrative Law Flashcards
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.
Equal Access to Justice Act
protects persons from harassment by federal administrative agencies
Do-Not-Call Registry
Joint project of FCC and FTC
Department of Homeland Security
Created by Homeland Security Act of 2002 and is second largest government agency
FDA
provides basis for the regulation of testing, manufacturing, distribution and sale of food, drugs, cosmetics and medicinal products
What four products does the FDA oversee
Food, Drugs, Cosmetics and Medicinal
Does the FDA test drugs
No
Food laws are supposed to
ensure wholesomeness
Encourage accuracy in labels and packaging
Prevent injury
Safe Contaminant level for Golden raisians
35 fly eggs per 8oz
Safe Contaminant levels for popcorn
2 rodent hairs per lb.
Safe Contaminant levels for peanuts
20 insects per 100lbs.
Safe Contaminant levels for canned mushrooms
20 maggots per 3oz
Safe Contaminant levels for tomato juice
10 fly eggs per 3oz
EEOC
Equal Employment Opportunity Commission
What does EEOC do
Responsible for enforcing federal employment discrimination laws.
Consumer Product Safety CommissionIn
Interprets and enforces CPSA
What can CPSC do
tests consumer products collects data on injuries require recalls seize hazardous materials seek criminal and civil penalties
Federal Trade Commission
Enforces FTCA to prohibit unfair and deceptive trade practices
National Labor Relations Board
regulates labor union formation, elections, bargaining and other labor matters
FCC
Regulates radio, tv, cable and other broadcast media
SEC
regulates issuance, sale and purchase of securities
EPA
enforces federal environmental protection laws
Name 3 Federal Environmental protection laws
Clean Air Act
Clean Water Act
Endangered Species Act
Administrative Regulations
developed from the enabling statutes
CFR
Code of Federal Regulations
